National Steel Equipment Co.

In the Matter of CLAYTON W. WYLAM A ND M. GERTRUDE WYLAM, INDIVIDUALLY AND AS CO-PARTNERS TRADING AS NATIONAL STEEL EQUIPMENT COMPANY and STEEL WORKERS' ORGANIZING COMMIT- TEE, FOR LODGE #1619, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA Case No. C-1458.Decided January 07, 1940 Steel Filbig Cabinet Manufacturing Industry-Settlement : stipulation provid- ing for compliance with the Act, including reinstatement , back pay, disestab- lishment of and abrogation of contract with company-dominated union-Order: entered on stipulation. Mr. Vincent A. Burns, for the Board. Mr. Morris C. Solomon, of Philadelphia, Pa., for the respondents. Mr. Al. H. Goldstein, of Philadelphia, Pa., for the S. W. O. C. Mr. Harry H. Wexelblatt, of Philadelphia, Pa., for the National Union. Mr. William Stix, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge duly filed by Steel Workers' Organizing Committee for Lodge #1619, Amalgamated Association of Iron, Steel, and Tin Workers of North America, herein called the S. W. O. C.,1 the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadel- phia, Pennsylvania), issued its complaint, dated July 21, 1939, and, upon a further amended charge subsequently filed by the S. W. O. C., its amended complaint, dated August 30, 1939,2 alleging that Clayton W. Wylam and M. Gertrude Wylam, individually and as co-partners trading as National Steel Equipment Company, Philadelphia, Penn- sylvania, herein called the respondents, had engaged in and were I The designation "S. W. O. C." is used herein to refer to Lodge # 1619 as well as to Steel workers' Organizing Committee. 2 The amended complaint differed from the original complaint only in that it alleged that the respondents had discriminatorily terminated the employment of seven, rather than six, employees and in that it fixed the approximate lime at which the alleged discrimina- tion occurred. 19 N. L. R. B., No. 98. 979 980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engaging in unfair labor practices within the meaning of Section 8 (1), (2), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, of an accompanying notice of hearing thereon, and of a subsequent notice of postponement of the hearing were duly served upon the respondents, the S. W. 0. C., and National Union of Philadelphia, herein called the National Union, a labor organization alleged in the complaint to be dominated by the re- spondents; subsequently copies of the amended complaint and the accompanying notice of hearing thereon were served upon the respondents and the National Union.3 With respect to the, unfair labor practices, the amended complaint alleged in substance (a) that early in 1938 the National Union was formulated, worked out, and put into effect by the respondents and that since its formation, the respondents have dominated, interfered with, and contributed financial and other support to its administra- tion; (b) that about May 1938 the respondents discriminatorily ter- minated the employment of, and thereafter refused to employ, seven named employees,4 because they joined and assisted the S. W. 0. C. and engaged in concerted activities with other employees for the purposes of collective bargaining and other mutual aid and protec- tion; (c) that the respondents in and after February 1938 refused to bargain collectively with the S. W. 0. C., which represented a majority of the respondents' employees in a unit appropriate for collective bargaining; and (d) that the respondents by the above- described conduct and by other acts interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed by Section 7 of the Act. The respondents filed an answer 5 in which they admitted certain allegations of fact with regard to their business, as well as the alle- gation that the S. W. 0. C'. and the National Union were labor organizations, but in which they denied the remaining allegations of the complaint and averred that the persons whose employment was therein alleged to have been discriminatorily terminated had been 3 A hearing on the original complaint was initially set for August 3, 1939 , but pursuant to a motion of the respondents was on August 2, 1939, postponed until August 31, 1939, which was likewise the date set for the hearing by the notice accompanying the amended complaint . The respondents and the National Union expressly waived their right to 10 days' notice of hearing upon the amended complaint. The record does not affirmatively show that the amended complaint was served upon the S. W. 0. C. or that the S. W. O. C. waived its right to 10 days ' notice of the hearing thereon. Ultimately , however, the par- ties , reciting that an amended complaint was issued on August 30, 1939 , entered into a stipulation in settlement of the case . See infra. * William E. Bessler, Arthur S. Bessler, Alan Wicker, Frank Abel, Anatol E . Synakonski, Joseph Wielgos, and Joseph Brophy. In the stipulation entered into in settlement of the case, which is set out below, Alan Wicker is referred to as Allan Wicker. 6 At the hearing, the respondents made a motion , which was granted , that their answer to the original complaint should apply to the amended complaint. CLAYTON W. WYLAM 981 temporarily laid off for business reasons. In its answer 6 the National Union, which had been permitted by the Regional Director to inter- vene, denied the allegations of the complaint relating to it and affirmatively alleged that it was an independent organization entirely free from the respondents' domination, interference, or support. Pursuant to notice, a hearing upon the amended complaint was held in Philadelphia, Pennsylvania, on August 31, 1939, before A. Bruce Hunt, the Trial Examiner duly designated by the Board. The Board, the respondents, the S. W. O. C., and the National Union were repre- sented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing upon the issues was afforded all parties. Dur- ing the hearing the parties entered into a stipulation, subject to the Board's approval, in settlement of the case. On December 29, 1939, another stipulation in settlement of the case, likewise subject to. ap- proval by the Board, was entered into by all the parties in lieu of the stipulation of August 31, 1939.7 This stipulation reads as follows : It is hereby stipulated that, for the purposes of. this case, Clayton W. Wylani and A Gertrude Wylam, individually and as co-partners trading as National Steel Equipment Company, respondents herein; Steel Workers' Organizing Committee, for Lodge #1619, Amalgamated Association of Iron, Steel and Tin 'Workers of North America (CIO), a party herein; The National Union of Philadelphia, a party herein; and Vincent A. Burns, attorney for the National Labor Relations Board, agree that: I. Upon charges duly filed by the Steel Workers' Organizing Committee, for Lodge #1619, Amalgamated Association of Iron, Steel and Tin Workers of North America (CIO), the National Labor Relations Board, by the Regional Director for the Fourth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act (49 Stat. 449), of its Rules and Regulations, Series 2, Article IV, Section 1, issued its amended complaint on the 30th day of August, 1939, against Clayton W. Wylam and M. Gertrude Wylam, individually and as co-partners trading as National Stleel Equipment Company, respondents herein. II. The respondents are now, and have been for some years past, individuals and co-partners trading as the National Steel Equipment Company, doing business in the Commonwealth of Pennsylvania, having their principal place of business in the City 6 The National Union, by its motion to intervene, requested that the motion, if granted, should be construed as an answer to the pertinent paragraphs of the complaint. The stipulation of December 29. 1939. erroneously refers to the date of the earlier stipulation as August 30, 1939. 28X030-41-vol. 19--63 982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Philadelphia , Commonwealth of Pennsylvania , and are now, and have continuously , for a long period of time, been engaged at a plant in the City of Philadelphia , Commonwealth of Pennsyl- vania, in the manufacture , sale, and dirtribution of steel filing cabinets and kindred products. III. The respondents, in the course and conduct of their busi- ness and their operations at their Philadelphia plant, caused, and at all times herein mentioned have continuously caused, raw material , to wit, sheet steel, enamel , and hardware , to be shipped and transported in interstate commerce from and through States of the United States other than the Commonwealth of Pennsyl- vania, to its Philadelphia plant in the Commonwealth of Penn- sylvania ; and caused , and has continuously caused, its manufac- tured product, to wit, steel filing cabinets and kindred products, to be shipped and transported in interstate commerce from its Philadelphia plant in the Commonwealth of Pennsylvania to, into, and through States of the United States other than the Commonwealth of Pennsylvania. IV. The raw materials used in the manufacture of its products consist of sheet steel, enamel, and hardware. Sheet steel com- prises 80 per cent of the raw materials used. The respondents used about 40 tons of sheet steel per month , at a cost of approxi- mately $1 ,600.00. In 1938 the cost of sheet steel purchased was approximately $19,000.00. Of this sheet steel approximately 80 per cent is purchased outside of the Commonwealth of Pennsyl- vania. In 1938 the approximate sale of the finished product amounted to $130,000.00, 70 per cent of which was shipped out- side of the Commonwealth of Pennsylvania. The sheet steel purchased is shipped to the respondents' plant by rail. The fin- ished product is shipped from respondents' plant by rail and truck. In the ordinary course of its business during normal sea- sons the respondents have on their payroll approximately 30 employees. V. The respondents, Clayton W. Wylam and M. Gertrude Wylam, individually and as co-partners trading as National Steel Equipment Company, are engaged in interstate commerce within the meaning of the National Labor Relations Act, and the de- cisions of the United States Supreme Court thereunder. VI. The taking of further testimony or evidence before the Examiner in this matter , and the making of findings of facts and conclusions by the Board, pursuant to the provisions of the Na- tional Labor Relations Act, are hereby expressly waived by all, the parties herein. CLAYTON W. WYLAM 983 VII. Upon this stipulation, if approved by the National Labor Relations Board, an order may forthwith be entered by the said Board and by the appropriate United States Circuit. Court. of Appeals, without further notice of the application for enforce- ment thereof, providing as follows : The respondents, Clayton W. Wylam and M. Gertrude Wylam, individually and as co-partners trading as National Steel Equip- ment Company, and their officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing their employees in the exercise of their rights to self-organiza- tion, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in Steel Workers' Organizing Committee, Lodge #1619, Amalgamated Association of Iron, Steel and Tin Workers of North America (CIO), or any other labor organizations of their employees by discharging or in any other manner discriminating against their employees in regard to hire or tenure of employment, or any condition of employment of any of their employees by reason of said employees' member- ship in the Steel Workers' Organizing Committee, Lodge #1619, Amalgamated Association of Iron, Steel and Tin Workers of North America (CIO), or any other labor organization of their employees ; (c) In any manner dominating or interfering with the admin- istration of the National Union of Philadelphia; with the forma- tion or administration of any other labor organization of their employees, or from contributing aid and support to said organiza- tion ; from recognizing or dealing in any manner with the National Union of Philadelphia or any successor thereof, or any group that purports to represent said organization ; or from forming or maintaining any groups or designating any individuals to act as the representative of the employees for the purposes of collec- tive bargaining respecting any of the terms or conditions of em- ployment ; (d) Giving effect to any contract the respondents have or may have had with the National Union of Philadelphia; 2. Take the following affirmative action : (a) Withdraw all recognition from the National Union of Philadelphia as the representative of their employees, or any of 984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD them, for the purpose of dealing with respondents concerning grievances, labor disputes, wages, rates of pay, hours of employ- ment, or other conditions of employment; and so disestablish said National Union of Philadelphia as the representative of its employees ; (b) Inform in writing the officers of the National Union of Philadelphia that the respondents will not in any manner deal with or recognize the National Union of Philadelphia; (c) Inform all of respondents' officers and agents, including superintendents, foremen, foreladies, or other supervisory em- ployees, that they shall not in any manner approach employees concerning, or discuss with the employees, the question of their labor affiliation, or threaten employees in any manner because of their membership in any labor organization in general, or the Steel Workers' Organizing Committee, Lodge #1619, Amalga- mated Association of Iron, Steel and Tin Workers of North America (CIO), in particular; (d) Inform each and every one of their employees that any contract entered into on or about March 31, 1938, and any or all other contracts, agreements, or understandings, with the Na- tional Union of Philadelphia are null and void, and that the re- spondents will discontinue said contracts, agreements, or under- standings, as a term or condition of employment, and will desist in any manner from giving effect to said contracts, agreements, or understandings; (e) Offer to Allan Wicker, Frank Abel, Anatol E. Synakonski, Joseph Wielgos, Joseph Brophy, William E. Bessler and Arthur L. Bessler, on or before December 1, 1939, full and unconditional reinstatement to their former positions, without loss of seniority or pay, to such extent as previously enjoyed, and without preju- dice to any rights and privileges previously enjoyed by them; and dismiss as many employees hired by respondents subsequent to May 26,1938, as may be necessary in order to afford to the afore- mentioned employees so much, and such proportion of work avail- able at the respondents' plant as the aforenamed employees re- ceived prior to the occurrence of the matters and things alleged as unfair labor practices in the amended complaint issued in this matter ; (f) Upon the execution of this stipulation pay to Anatol E. Synakonski, $250.00; Allan Wicker, $300.00; William E. Bessler, $300.00;. Arthur L. Bessler, $250.00; Joseph Wielgos, $300.00; Frank Abel, $200.00; Joseph Brophy, $225.00; the above amounts shall be, paid by certified check, payable to each of the above- mentioned employees, said checks to be delivered to the I CLAYTON M'. WYLAM 985 Regional Director for the Fourth Region, Philadelphia, Pennsyl- vania, National Labor Relations Board, and by him to be held in escrow for, and to be delivered to each of the aforementioned persons upon the approval of this stipulation by the National Labor Relations Board; (g) Post and keep visible in a prominent place, in each department of respondents' Philadelphia plant, for a period of 60 days after receipt, copies of the order entered by the National Labor Relations Board, and notices stating that the respondents will cease and desist in the manner aforesaid, and respondents will take the affirmative action as aforesaid; (h) Notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoing order within ten (10) days from the date of its entry by the Board. VIII. It is stipulated and agreed that the National Labor Relations Board may dismiss that part of the amended complaint which alleges a violation of Section 8, subsection (5) of the National Labor Relations Act, namely, paragraphs 14, 15, and 16. IX. It is stipulated and agreed that this stipulation may and shall be substituted for and in the stead of a stipulation executed by the undersigned under date of August 30, 1939. X. The parties to this stipulation further agree that : (a) The National Union of Philadelphia will, upon the entry of the order aforementioned by the National Labor Relations Board, disestablish itself as a collective bargaining agency, and shall, upon the date of the aforesaid order of the National Labor Relations Board, wholly terminate its existing collective bargain- ing relations with the respondents; (b) The National Union of Philadelphia will in any event notify each of its members of said disestablishment within ten (10) clays from the execution of this stipulation. XI. It is stipulated and agreed that approximately 30 pro- duction employees are engaged in the business and operations of the respondents. All working men and working women employed in and around the respondents' plant constitute an appropriate unit for the purposes of collective bargaining within the meaning of Section 9, Subsection (a) of the National Labor Relations Act. Any person employed as foreman, truck driver, superintendent, or general manager, in the plant of the respondents, shall be ex- cluded from the appropriate unit. XII. It is stipulated and agreed that the entire agreement 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. 986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD XIII. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On January 9, 1940, the Board ordered that the stipulation of December 29, 1939, be approved and made a part of the record in the case and that the case be transferred to and continued before the Board for the purpose of entry of a decision and order pursuant to such stipulation. Upon the basis of the above stipulation and the entire record ill the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS Clayton W. Wylam and M. Gertrude Wylam,. co-partiiers tiiading. as National Steel Equipment Company, Philadelphia, Pennsylvania, normally employ 30 production workers and are engaged in the manufacture, sale, and distribution of steel filing cabinets and kin- dred products. For manufacturing purposes the respondents buy enamel, hardware, and sheet steel outside Pennsylvania. Sheet steel, of which the respondents' average monthly consumption is 40 tons, constitutes 80 per cent of the raw materials used by them and in 1938 their purchases of this commodity, 80 per cent of which were made outside Pennsylvania, totalled $19,000. Of the finished prod- ucts sold by the respondents during 1938, which amounted in value to $130,000, 70 per cent were shipped outside Pennsylvania. The parties stipulated that the respondents are engaged in inter- state commerce within the meaning of the National Labor Relations Act, and the decisions of the United States Supreme Court thereunder." We find that the activities of the respondents alleged in the com- plaint, occurring in connection with the operations of the respond- ents described 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. II. THE ORGANIZATIONS INVOLVED Steel Workers' Organizing Committee for Lodge #1619, Amalga- mated Association of Iron, Steel, and Tin Workers of North America, affiliated with the Congress of Industrial Organizations, and National Union of Philadelphia are labor organizations within the meaning of Section 2 (5) of the Act. CLAYTON W. WYLAM ORDER 987 Upon the basis of the above findings of fact, the 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 respondents, Clayton W. Wylam and M. Ger- trude Wylam, individually and as co-partners trading as National Steel Equipment Company, Philadelphia, Pennsylvania, and their officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing their employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing, and to engage in concerted activi- ties for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Rela- tions Act; (b) Discouraging membership in Steel Workers' Organizing Com- mittee, Lodge #1619, Amalgamated Association of Iron, Steel and Tin Workers of North America (CIO), or any other labor organiza- tions of their employees by discharging or in any other manner dis- criminating against their employees in regard to hire or tenure of employment, or any condition of employment of any of their em- ployees by reason of said employees' membership in the Steel Work- ers' Organizing Committee, Lodge #1619, Amalgamated Association of Iron, Steel and Tin Workers of North America (CIO), or any other labor organization of their employees; (c) In any manner dominating or interfering with the administra- tion of the National Union of Philadelphia; with the formation or administration of any other labor organization of their employees, or from contributing aid and support to said organization; from recog- nizing or dealing in any manner with the National Union of Phila- delphia or any successor thereof, or any group that purports to rep- resent said organization; or from forming or maintaining any groups or designating any individuals to act as the representative of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment; (d) Giving effect to any contract the respondents have or may have had with the National Union of Philadelphia; 2. Take the following affirmative action : (a) Withdraw all recognition from the National Union of Phila- delphia as the representative of their employees, or any of them, for the purpose of dealing with respondents concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other 988 DECISIONS OF NATIONAL LABOR RELATIONS BOARD conditions of employment; and so disestablish said National Union of Philadelphia as the representative of its employees; (b) Inform in writing the officers of the National Union of Phila- delphia that the respondents will not in any manner deal with or recognize the National Union of Philadelphia; (c) Inform. all of respondents' officers and agents, including superintendents, foremen, foreladies, or other supervisory employees, that they shall not in any manner approach employees concerning, or discuss with the employees, the question of their labor affiliation, or threaten employees in any manner because of their membership in any labor organization in general, or the Steel Workers' Organizing Committee, Lodge #1619, Amalgamated Association of Iron, Steel and Tin Workers of North America (CIO), in particular ; (d) -Inform each and every one of their employees that any con- tract entered into on or about March 31, 1938, and any or all other contracts, agreements, or understandings, with the National Union of Philadelphia are null and void, and that the respondents will dis- continue said contracts, agreements, or understandings, as a term or condition of employment, and will desist in any manner from giving effect to said contracts, agreements, or understandings; (e) Offer to Allan Wicker, Frank Abel, Anatol E. Synakonski, Joseph Wielgos, Joseph Brophy, William E. Bessler and Arthur L. Bessler, on or before December 1, 1939, full and unconditional rein- statement to their former positions, without loss of seniority or pay, to such extent as previously enjoyed, and without prejudice to any rights and privileges previously enjoyed by them; and dismiss as many employees hired by respondents subsequent to May 26, 1938, as may be necessary in order to afford to the aforementioned employees so much, and such proportion of work available at the respondents' plant as the aforenamed employees received prior to the occurence of the matters and things alleged as unfair labor practices in the amended complaint issued in this matter; (f) Upon the execution of the above stipulation pay to Anatol E. Synakonski, $250.00; Allan Wicker, $300.00; William E. Bessler, $300.00; Arthur L. Bessler, $250.00; Joseph Wielgos, $300.00; Frank Abel, $200.00; Joseph Brophy, $225.00; the above amounts shall be paid by certified check, payable to each of the above-mentioned em- ployees, said checks to be delivered to the Regional Director for the Fourth Region, Philadelphia, Pennsylvania, National Labor Rela- tions Board, and by him to be held in escrow for, and to be delivered to each of the aforementioned persons upon the approval of this stipulation by the National Labor Relations Board; (g) Post and keep visible in a prominent place, in each department of respondents' Philadelphia plant, for a period of 60 days after I CLAYTON W. WYLADI 989 receipt, copies of the order entered by the National Labor Relations Board, and notices stating that the respondents will cease and desist in the manner aforesaid, and respondents will take the affirmative action as aforesaid ; (h) Notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoilig order within ten (10) days from the date of its entry by the Board. AND IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed in so far as it alleges that the respondents engaged in unfair labor practices within the meaning of Section 8 (5) of the Act.