Stanley Manufacturing Co.

In the Matter of THE STANLEY MANUFACTURING COMPANY, DAYTON, OHIO and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMER- ICA, LOCAL 806, AFFILIATED WITI--I THE CONGRESS OF INDUSTRIAL OR- GANIZATIONS, 9 E. FIFTH STREET, DAYTON, OHIO Case No. C-1439.-Decided December 11, 1939 Job Printing Industry-Settlement: stipuation providing for compliance with the Act, including reinstatement of two employees with hack pay in specified amounts-Order: entered on stipulation. Mr: William S. Gordon, Jr., for the Board. Sheridan d Jenleins, by Mr. P. J. Sheridan, of Dayton, Ohio, for the respondent. Mr. Ernest DeMaio, for the Union. Miss Edna Loeb, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by United Electrical, Radio & Ma- chine Workers of America, Local 806, herein called the Union, the Na- tional Labor Relations Board, herein called the Board, by the Regional Director for the Ninth Region (Cincinnati, Ohio), issue its complaint, dated November 1, 1939, against The Stanley Manufacturing Company, Dayton, Ohio, herein called the respondent, alleging that the' respond- ent had engaged in and was engaging in unfair labor practices af- fecting 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 and accompany- ing notice of hearing were duly served upon the respondent and the Union. The complaint alleged in substance that on or about January 7, 1938, the respondent terminated the employment of Eugene Rinehart and Charles Hofmann and thereafter failed and refused to reinstate them because they joined and assisted the Union, thereby discrimi- nating in regard to their hire and tenure of employment and discour- aging membership in the Union; and that by these acts and divers other acts the respondent interfered with, restrained, and coerced and 18 N. L. R. B., No. 38. 246 THE STANLEY MANUFACTURING COMPANY, DAYTON, OHIO 247 is interfering with, restraining, and coercing its employees in the ex- ercise of the right to self-organization and to engage in concerted activities for their mutual aid and protection, as guaranteed in Sec- tion 7 of the Act. Thereafter the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. On November 28, 1939, the Board issued an order approving the stipulation and making it a part of the record, and acting pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, further ordered that the proceeding be transferred to and continued before the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation. The stipulation provides as follows : It is hereby stipulated and agreed by and between The Stanley Manufacturing Company, hereinafter sometimes referred to as the respondent, by its attorney, and United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Con- gress of Industrial Organizations, hereinafter sometimes referred to as the Union, by its International Representative, and Wm. S. Gordon, Jr., attorney for the National Labor Relations Board, Ninth Region, as follows : I 1. Upon amended charges duly filed by United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of Industrial Organizations, through Ernest De- Maio, International Representative, and its duly accredited agent for this purpose, Philip G. Phillips, agent of the National Labor Relations Board, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, approved July 5, 1935, and acting pursuant to its Rules and Regulations, Series 2, Article IV, Section 1, issued its Complaint and Notice of Hear- ing on the first day of November, 1939, against The Stanley Manufacturing Company, respondent herein. 2. The Amended Charge, Complaint and Notice of Hearing thereon, as well as a copy of the Rules and Regulations, Series 2, were duly served upon the respondent and upon the Union on November 1, 1939, in accordance with said Rules and Regula- tions, Series 2, Article V, Section 1. The hearing in the above entitled matter was to begin at 9: 30 o'clock in the forenoon on November 16, 1939, in the Dayton Industries Building, Third and Ludlow Streets, City of Dayton, County of Montgomery, State of Ohio, thus allowing an intervening period of fifteen (15) days between the service of the said Amended Charge, Complaint, No- 2S2029-41-vol. 18-17 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tice of Hearing, and copy of the Rules and Regulations, and the date of hearing. Upon motion of the respondent said Philip G. Phillips, on November 13, 1939, issued an order adjourning said hearing to November 24, 1939, at 9: 30 o'clock in the forenoon in the Dayton Industries Building, Third and Ludlow Streets, Day- ton, Ohio. Said order was duly served upon the respondent and the Union on November 14, 1939. 3. The respondent, The Stanley Manufacturing Company, is and has been continuously since April 11, 1911, a corporation duly organized and existing under and by virtue of the laws of the State of Ohio, having an office, plant and principal place of busi- ness in the City of Dayton, County of Montgomery, State of Ohio, where it is now and has been continuously since July 5, 1935, engaged in the manufacture, sale and distribution of metal and metal foil seals, labels and name plates, greeting cards and other similar products. 4. United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of Industrial Organiza- tions, is a labor organization within the meaning of the National Labor Relations Act. 5. The raw and other materials which the respondent uses in its business at its Dayton, Ohio, plant are, among others: brass, foil, paper, envelopes, boxes, cartons, inks and lacquers. The total cost of the raw and other materials used by the respondent at its Dayton plant amounts to approximately Five Hundred Thousand Dollars ($500,000.00) per annum. In the usual and ordinary course and conduct of its business, the respondent causes and has continuously caused approximately Eighty percent (80%) of the raw and other materials used by it in the manufacture of its products at its Dayton plant to be purchased in states of the United States other than the State of Ohio, and to be transported in interstate commerce from states of the United States other than the State of Ohio, to its Day- ton plant in the State of Ohio. 6. The value of the products manufactured by the respondent at its Dayton plant is approximately Nine Hundred Thousand Dollars ($900,000.00) per annum. In the usual and ordinary course and conduct of its business, the respondent causes and has continuously caused approximately Eighty-Five percent (85%) of the products manufactured by it at its Dayton plant to be sold to purchasers in states of the United States other than the State of Ohio, and to be transported in interstate commerce from its Dayton plant in the State of Ohio, to, into and through states of the United States other than the State of Ohio. THE STANLEY MAN OF AC'TUILING; ICO'DI:PAN Y, DAYTON, 01-110 249 7. The respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act. II 1. The record in this proceeding shall consist of the Amended Charge, Complaint, Notice of Hearing, copy of the Rules and Regulations, Series 2, Motion of respondent to extend date of hearing, Motion of respondent to extend the time in which to answer, Order of the Regional Director Granting Motion for Ex- tending Date of Hearing, and Notice of Hearing, Order of the Regional Director Granting Motion for Extension of Time to Answer, Affidavits as to Service of said Amended Charge, Com- plaint, Notice of Hearing, and Rules and Regulations, and said Orders of the Regional Director, and this Stipulation. Said documents shall be filed with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. 2. The respondent waives its right to file an answer to the Complaint of the National Labor Relations Board, its right to hearing on said Complaint, and its right to the making or entry by the National Labor Relations Board of findings of fact or conclusions of law. 3. The entering of the respondent into this Stipulation shall not be taken or considered as an admission that it has committed unfair labor practices. III 1. The National Labor Relations Board may forthwith, with- out other or further notice to the respondent, make and enter an order in the above entitled matter to the following effect : Respondent, The Stanley Manufacturing Company, 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-or- ganization, 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 or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) From discouraging membership in United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of Industrial Organizations, or in any other labor organization of its employees, by discharging, threatening, or re- fusing to reinstate any of its employees for designating as their agent, joining or assisting United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of 250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Industrial Organizations, or any other labor organization of its employees, or for engaging in other concerted activities for the purposes of collective bargaining or other mutual aid and pro- tection ; (c) From in any other manner discriminating against any of its employees in regard to hire and tenure of employment or terms or conditions of employment for designating as their agent, joining or assisting United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or for engaging in other concerted activities for the purposes of collective bargaining or other mutual aid and protection. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the National Labor Relations Act : (a) Offer to Charles Hofmann and Eugent Rinehart immediate and full reinstatement to their former or substantially equivalent positions without prejudice to seniority rights or any other rights or privileges previously enjoyed by them; (b) Pay immediately, as back pay, to Charles Hofmann, the sum of Five Hundred Dollars, and to Eugene Rinehart the sum of Five Hundred Dollars. (c) Immediately post and keep visible for. a period of at least sixty (60) days, in at least five (5) prominent places in re- spondent's Dayton, Ohio plant copies of this order; (d) Notify the Regional Director for the Ninth Region, in writing, within ten (10) days from the date of this order, what steps the respondent has taken to comply herewith. IV The respondent further stipulates and consents to the entry by any appropriate United States Circuit Court of Appeals, with- out further notice of the application therefor, of a decree for the enforcement of the order of the National Labor Relations Board provided for in this Stipulation, and waives its right to contest any application by the National Labor Relations Board for the entry of such a decree. V The entire agreement is contained within the terms of this Stipulation and there is no verbal agreement of any kind which varies, alters or adds to this Stipulation. VI All stipulations herein made and the terms and provisions thereof are made subject to the approval of the National Labor Relations Board. THE STA\TLE1Y MAN'UFACTURIT 0, COMPANY, DAYTON, lOHIFO 251 Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT The respondent is an Ohio corporation which has its office, plant, and principal place of business in Dayton , Ohio. It is engaged in the manufacture, sale, and distribution of metal and metal foil seals, labels, name plates , greeting cards, and other similar products. The respondent's manufacturing operations annually consume raw and other materials valued at approximately $500,000 and produce finished articles valued at approximately $900,000. The respondent obtains approximately 80 per cent of its materials from points out- side Ohio, and ships approximately 85 per cent of its finished products from its plant to points outside Ohio. We find that the above-described operations of the respondent at its plant in Dayton , Ohio, 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 entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, The Stanley Manufacturing Com- pany, 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 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 or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) From discouraging membership in United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of Industrial Organizations , or in any other labor organization of its employees, by discharging, threatening, or refusing to reinstate any of its employees for designating as their agent, joining or assisting United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of Industrial Organizations , or any other labor organization of its employees , or for engaging in other concerted activities for the purposes of collective bargaining or other mutual aid and protection ; (c) From in any other manner discriminating against any of its employees in regard to hire and tenure of employment or terms or 252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD conditions of employment for designating as their agent, joining or assisting United Electrical, Radio & Machine Workers of America, Local 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or for engaging in other concerted activities for the purposes of collective bargaining or other mutual aid and protection. 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Offer to Charles Hofmann and Eugene Rinehart immediate and full reinstatement to their former or substantially equivalent posi- tions without prejudice to seniority rights or any other rights or privileges previously enjoyed by them; (b) Pay immediately, as back pay, to Charles Hofmann, the sum of Five Hundred Dollars, and to Eugene Rinehart the sum of Five Hundred Dollars; (c) Immediately post and keep visible for a period of at least sixty (60) days, in at least five (5) prominent places in respondent's Day- ton, Ohio, plant copies of this order; (d) Notify the Regional Director for the Ninth Region, in writing, within ten (10) days from the date of this order, what steps the re- spondent has taken to comply herewith.