Kirkham Engineering and Manufacturing Corp.

In the Matter Of KIRKHAM ENGINEERING AND MANUFACTURING CORPO- RATION and LOCAL 661 AIRCRAFT, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O. Case No. C-1441.=Decided January 2, 1940 Aircraft and Engine Parts Manufacturing Industry-Settlement : stipulation providing for compliance with Act, including back pay-Order: entered on stipulation. Mr. Will Maslow, for the Board. Liebman, Robbins, Pressman c Leider, of New York City, for the Union. Bainton, McNaughton c6 Douglas, of New York City, for the re- spondent. Mr. Ray Johnson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Local 661 Aircraft, United Automobile Workers of America, C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (New York City), issued its complaint on October 4, 1939, against Kirkham Engineering and Manufacturing Corporation, Farmingdale, New York, 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. Copies of the complaint and notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance (1) that since April 1939, the respondent, by persuading and warning its employees to refrain from becoming or remaining members of the Union, by threatening its employees with discharge and other reprisals if they became or remained members of the Union, by engaging in surveillance of the Union's activities and meetings, by 19 N. L. R. B., No. 2. 9 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD endeavoring to initiate , form, and sponsor a labor organization among- its employees; and by other acts, interfered with, restrained, and co- erced its employees in the exercise of the rights guaranteed in Section. 7 of the Act, and (2) that on April 14, 1939, the respondent dis- charged George Seitz, Fritz Kroger, and Charles Froberg because they joined and assisted the Union and engaged in concerted activities, with other employees of the respondent for the purposes of collective. bargaining and other mutual aid and protection. On November 8, 1939, the respondent, the Union , and counsel for the Board, entered into an agreement, and on November 21, 1939, a. supplemental agreement , in settlement of the case . The agreement, of settlement and the supplemental agreement of settlement provide as follows : AGREEMENT OF SETTLEMENT Agreement made this 8th day of November , 1939, by and among the following parties : Kirkham Engineering and Manufacturing Corporation , (here- inafter referred to as the employer). Will Maslow, Attorney , National Labor Relations Board. Local 661 Aircraft , United Automobile Workers of America,. C. I. 0., (hereinafter referred to as the Union). Whereas a second amended charge in the above -captioned pro- ceeding was duly filed by the Union with the National Labor Re- lations Board, (hereinafter referred to as the Board ), on July 6, 1939, and Whereas a complaint in the above -captioned proceeding was duly issued and served by the Board on August 22 , 1939, and Whereas the parties desire to dispose of the issues created by said complaint without the necessity of further proceedings, Now, therefore, it is agreed by all of the undersigned parties : 1. The parties hereby waive their rights to the filing of answers, to further proceedings before the Board, and to the making of .findings of fact and conclusions of law by the Board. 2. The parties hereby agree to the issuance by the Board, with- out further notice or proceedings, of an order , a copy of which is annexed hereto as Schedule A and made part hereof , which order shall have the same force and effect as if made after full hearing, presentation of evidence and the making of findings of fact and conclusions of law thereon. 3. The parties hereby consent to the -entry by an appropriate United States Circuit Court of Appeals, without notice of the application therefor, of an enforcement order embodying the terms of the Board order set forth in Schedule A. KIRKHAM- ENGINEERING AND MANUFACTURING CORPORATION 11 4. Neither the-execution of this Agreement, nor the order of the Board, nor the order of the United States Circuit Court of Appeals, shall be considered an admission or an adjudication that Kirkham Engineering and Manufacturing Corporation has vio- lated the National Labor Relations Act, or any other law of the land. 5. This Agreement of Settlement and all pleadings in this pro- ceeding shall be filed with the Chief Trial Examiner. of the Board at Washington, D. C., and when so filed, shall become a part of the record in the above-captioned proceeding. 6. The employer admits, for the purpose of this proceeding alone, that it is engaged in commerce within the meaning of Sec- tion 2, subdivisions (6) and (7) of the National Labor Rela- tions Act, and likewise admits as fact the allegations in Schedule B, annexed hereto and made a part hereof. 7. This Agreement shall not go into effect unless and until it has received the approval of the Board. 8. The entire Agreement of Settlement is contained within the terms of this instrument and there is no understanding of any kind which varies, alters or adds to the terms of this Agreement of Settlement. SCHEDULE A The respondent, Kirkham Engineering and Manufacturing Corporation, its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) In any manner discouraging membership in Local 661 Aircraft, United Automobile Workers of America, C. I. 0., or any other labor organization, by discrimination against em- ployees with regard to hire, tenure, or any condition or incident of employment; (b) Urging, persuading and warning its employees not to become or remain members of Local 661 Aircraft, United Auto- mobile Workers of America, C. I. 0., or any other labor organi- zation of their own choosing; (c) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to bargain collectively through representa)tides of their own choosing, and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. Take the following affirmative action which will effectuate the policies of the Act : (a) Pay to George Seitz the sum of Fifty-six ($56.00) Dollars, to Charles Froberg the sum of One hundred and twelve ($112.00) 12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Dollars, and to Fritz Kroger the sum of Three hundred and sixty-four ($364.00 ) Dollars; (b) Immediately post copies of the following notice in con- spicuous places in its plant at Farmingdale, New York, and maintain such notices for a period of 30 consecutive days : "NOTICE TO OUR EMPLOYEES "The National Labor Relations Board having instituted a pro- ceeding against Kirkham Engineering and Manufacturing Cor- poration upon the complaint of Local 661 , Aircraft, United Auto-. mobile Workers of America, C . I. 0., and Kirkham Engineering and Manufacturing Corporation being desirous of settling said proceeding and in the interest of harmonious relationship with its employees, although it expressly denies that it has com- mitted any violation of the National Labor Relations Act, announces : "1. That Kirkham Engineering and Manufacturing Corpora- tion 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 other concerted activities for the purpose of collective bargain- ing or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. "2. That Kirkham Engineering and Manufacturing Corpora- tion will not in any manner interfere with, restrain or coerce its employees in the exercise of the above rights." (c) Notify in writing the Regional Director of the Board for the Second Region, within 10 days of the receipt of a copy of this order, setting forth in detail the steps the respondent has taken to comply with the foregoing requirements. SCHEDULE B STIPULATION AND COMMERCE 1. Kirkham Engineering and Manufacturing Corporation, hereinafter referred to as the respondent , is and has been since November 14, 1932, a corporation duly organized under and existing by virtue of the laws of the State of New York, having its principal office and place of business at Farmingdale , County of Nassau, State of New York. 2. Respondent is engaged in the manufacture, distribution and sale of aircraft, engine parts and related products. KIRKHAM ENGINEERING AND MANUFACTURING CORPORATION 13 3. The principal raw materials purchased for use by the re- spondent in the manufacture of the products described above in paragraph Q are aluminum , alloys and steel. . 4. During the first half of the year 1939, which is a repre- sentative period in respondent's business, approximately $40,000 or 80 per cent. of the total raw materials purchased in said period by the respondent were shipped to the respondent's plant in Farmingdale, New York, from points outside the State of New York. 5. During the first half of the year 1939, which is a repre- sentative period in respondent's business, 90 per cent. by value of the total finished products manufactured and sold by respond- ent were delivered to manufacturers within the State of New York but for eventual use outside the State of New York. 6. Respondent is engaged in commerce within the meaning of Section 2, subdivisions (6) and (7) of the National Labor Rela- tions Act. SUPPLEMENTAL AGREEMENT OF SErrLEMENT It is hereby stipulated and agreed by and among the following parties that the agreement of settlement in the above captioned proceeding, made the 8th day of November 1939, shall be and hereby is corrected as follows : 1. By striking paragraph 4 of the agreement of settlement and substituting in its place the following paragraph , likewise to be known as paragraph 4: "Neither. the execution of this Agreement, nor the order of the Board, nor the order of the United States Circuit Court of Appeals, shall be considered an admission that Kirkham Engi- neering and Manufacturing Corporation has violated the Na- tional Labor Relations Act, or any other law of the land." II. By striking paragraph 5 of Schedule B and substituting in its place the following paragraph, which shall likewise be known as paragraph 5: "During the first half of the year 1939, which is a representa- tive period in respondent's business, $333,421.00, or about 90 per cent. by value of the total finished products manufactured and sold by respondent were delivered to manufacturers within the State of New York but for eventual use outside the State of New York." On December 9, 1939, the Board issued its order approving the agreement of settlement and the supplemental agreement .of settle- ment, making them part of the record , and transferring the proceed- ing to the Board for the purpose of a decision and order by the Board. 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the above agreement of settlement arid the supplemental agreement of settlement, and the entire record in the -case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT - Kirkham Engineering and Manufacturing Corporation, a New York corporation, has its principal office and place of business at Farmingdale, New York, where it is engaged in the manufacture, dis- tribution, and sale of aircraft, engine parts, and related products. During the first half of 1939, the respondent purchased raw materials valued at approximately $50,000, approximately 80 per cent of which, amounting to $40,000 in value, were shipped to the respondent's plant from points outside the State of New York. During the first half of 1939, approximately 90 per cent of the products manufactured and sold by the respondent were delivered to manufacturers within the State of New York for eventual delivery- outside the State of New York. The respondent admits that it is engaged in commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, agreement of settle- ment, and supplemental agreement of settlement, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Kirkham Engineering and Manufacturing Corporation, Farmingdale, New York, and its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) In any manner discouraging membership in Local 661 Aircraft, United Automobile Workers of America, C. I. 0., or any other labor organization, by discrimination against employees with regard to hire, tenure, or any condition or incident of employment; (b) Urging, persuading and warning its employees not to become or remain members of Local 661 Aircraft, United Automobile Workers of America, C. I. 0., or any other labor organization of their own choosing; (c) In any manner interfering with, restraining, or coercing its em- ployees in the exercise of their rights to self-organization, to bargain collectively through representatives of their own choosing, and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. KIRKHAM ENGINEERING AND MANUFACTURING CORPORATION 15 2. Take the following affirmative action which will effectuate the policies of the Act: (a) Pay to George Seitz the sum of Fifty-six ($56.00) Dollars, to Charles Froberg the sum of One hundred and twelve ($112.00) Dol- lars, and to Frifz Kroger the sum of Three hundred and sixty-four ($364.00) Dollars; (b) Immediately post.copies of the following notice in conspicuous places in its plant at Farmingdale, New York, and maintain such notices for a period of 30 consecutive days : NOTICE TO OUR EMPLOYEES The National Labor Relations Board having instituted a pro- ceeding against Kirkham Engineering and Manufacturing Cor- poration upon the complaint of Local 661, Aircraft, United Automobile Workers of America, C. I. 0., and Kirkham Engi- neering and Manufacturing Corporation being desirous of settling said proceeding and in the interest of harmonious rela- tionship with its employees, although it expressly denies that it has committed any violation of the National Labor Relations Act, announces : 1. That Kirkham Engineering and Manufacturing Corporation 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 other concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. . 2. That Kirkham Engineering and Manufacturing Corpora- tion will not in any manner interfere with, restrain or coerce its employees in the exercise of the above rights. (c) Notify. in writing the Regional Director of the Board for the Second Region, within 10 days of the receipt of a copy of this order, setting forth in detail the steps the respondent has taken to comply with the foregoing requirements.