Valley Steel Products Co.

In the Matter of LESTER A: CRANCER AND GEORGE B. FLEISCHMAN, DOING BUSINESS AS VALLEY STEEL PRODUCTS COMPANY, and FABRI- CATED METAL WORKERS' UNION9 LOCAL No. 22199, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR' Case No. C-1487.-Decided February 07, 1940 Thread Protectors, Pipe, and Pipe Fittings Manufacturing Industry-Settle- ment: stipulation providing for compliance with Act, including reinstatement of 25 named employees, one with back pay, and the reinstatement of all striking employees-Order: entered on stipulation. Mr. Thurlow Smoot, for the Board. Rosenblum and Mellitz, of St. Louis, Mo., for the respondents. Mr. Ray Johnson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Fabricated Metal Workers' Union, Local No. 22199, affiliated with the American Federa- tion of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Four- teenth Region (St. Louis, Missouri), issued its complaint dated Janu- ary 18, 1940, and an amended complaint dated January 25, 1940, against Lester A. Crancer and George B. Fleischman, doing business as Valley Steel Products Company, Cairo, Illinois, herein called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1), (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 and amended complaint and notices of hear- ing. thereon were duly served upon the respondents and the Union. Concerning the unfair labor practices the amended complaint alleged in substance (1) that on October 22, 1939, the respondent discharged and refused to reinstate Herbert Washum, and on November 6 and 7, 1939, discharged and refused to reinstate 24 other named employees, because they assisted the Union and engaged in concerted activities 20 N. L. R. B., No. 85. 885 283031-41-vol. 20-57 886 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with other employees of the respondent for the purpose of collective bargaining and other mutual aid and protection; (2) that all produc- tion and maintenance employees employed at the respondents' Cairo, Illinois, plant, excluding supervisory and clerical employees, constitute an appropriate bargaining unit; (3) that on November 8, 1939, and at all times thereafter, a majority of the employees in the appropriate unit had designated the Union as their representative for the purposes of collective bargaining; and that on November 8, 1939, and thereafter, the respondents refused to bargain with the Union as the exclusive representative of the employees in the appropriate unit; (4) that on November 8, 1939, the employees at the respondents' Cairo, Illinois, plant went on strike because of the respondents' unfair labor prac- tices; (5) that the respondents, by causing physical violence to be used against their striking employees and threatening to replace the strik- ers, by urging, persuading, and warning their employees to reliouihce their membership in the Union and to refrain from joining or assisting the Union, by threatening to discharge their employees and to move their plant if their employees joined a labor organization or failed to abandon their strike, by keeping under surveillance members of the Union and union meetings, and by offering bribes to their employees to vote against the Union in an election to determine collective bar- gaining representatives, and by the foregoing and by other acts, pro- longed the strike, and interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On January 23, 1940, the respondents filed a motion with the Regional Director requesting that the hearing scheduled for January 29, 1940, be postponed for a period of 3 weeks. On the same day, the Regional Director denied the motion. On January 25, 1940, the Re- gional Director issued the amended complaint and set the hearing for February 5, 1940. Prior to the hearing, which was scheduled for February 5, 1940, the respondents, the Union, and counsel for the Board entered into a stipulation, dated January 25, 1940, in settlement of the case. This stipulation provides as follows : STIPULATION It is hereby stipulated by and between Lester A. Cr6ncer and George B. Fleischman, doing business as Valley Steel Products Company (hereinafter called the respondents), the Fabricated Metal Workers' Union, Local No. 22199, affiliated with the Amer- ican Federation of Labor (hereinafter called the Union), by Fred Olds, General Organizer, the American Federation of La- VALLEY STEEL PRODUCTS COMPANY 887 bor, and Thurlow Smoot, Attorney for the National Labor Rela- tions Board (hereinafter called the Board), that: I Upon a Second Amended Charge duly filed by the Union, the Board, by the Regional Director for the Fourteenth 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 Reg- ulations, Series 2, duly issued a Complaint and Notice of Hear- ing on January 18, 1940, said hearing to be held on January 29, 1940. The respondents on January 23, 1940, filed a Motion for Continuance, and on January 23, 1940, the Regional Director for the Fourteenth Region of the Board issued an Order Denying Respondents Motion for Continuance. Thereafter on January 25, 1940, the Regional Director for the Fourteenth Region of the Board duly issued an Amended Complaint and Notice of Hearing, said hearing to commence on February 5, 1940. II The respondents Lester A. Crancer and George B. Fleischman are co-partners doing business under the firm name and style of Valley Steel Products Company. The said respondents main- tain an office at 31 St. George Street, St. Louis, Missouri, and a plant in the City of Cairo, Illinois, where they are engaged in the manufacture, reconditioning, sale and distribution of thread protectors, pipe and pipe fittings. III The respondents, while engaged as above described in the course and conduct of their business, cause and have continuously caused a substantial portion of the materials used by them in the manufacture, reconditioning, sale and distribution of thread protectors, pipe, and pipe fittings, referred to above, to be pur- chased and transported in interstate commerce from and through States of the United States other than the State of Illinois, to their plant in the State of Illinois, and cause and have continu- ously caused a substantial portion of their finished products, re- conditioned and manufactured in their plant in the City of Cairo, State of Illinois, to be sold and transported in interstate commerce from the said plant in the State of Illinois into and through 888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD states of the United States other than the State of Illinois, all of the aforesaid constituting a continuous flow of commerce among the several states. IV The respondents are engaged in interstate commerce within the meaning of the National Labor Relations Act. V Fabricated Metal Workers' Union, Local No. 22199, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2, subdivision (5) of the Act. VI The respondents waive their right to a hearing and to the making of Findings of Fact and Conclusions of Law by the Board, as set forth in Sections 10 (b) and (c) of the Act. VII All the production and maintenance employees of the said re- spondents employed at their Cairo, Illinois, plant, on or about November 8, 1939, but excluding supervisory and clerical em- ployees, constituted and do now constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act. VIII On November 8, 1939, and at all times thereafter, the Union was and now is the representative of a majority of the employees in the unit described in Paragraph VII above, for the purpose of collective bargaining in regard to rates of pay, wages, hours of employment, and other conditions of employment. IX On or about November 8, 1939, the employees of respondents at their Cairo, Illinois, plant went on strike. X This stipulation, together with the pleadings in the case, may be filed with the Chief Trial Examiner of the Board at Washing- ton, D. C., and when so filed shall constitute the record in this case. VALLEY STEEL PRODUCTS COMPANY 889 XI Upon this stipulation, if approved by the Board, an Order may forthwith be entered by the Board providing as follows : 1. The respondents, their agents, successors and assigns shall cease and desist from : (a) Urging, persuading and warning their employees against forming or joining any labor organization; threatening their employees with discharge in the event said employees joined or formed any labor organization; threatening to remove their plant from Cairo, Illinois, in the event their employees formed or joined a labor organization; keeping their employees under surveillance in order to ascertain their desires regarding labor organizations; encouraging their employees to act as spies and undercover agents to report on the activities of their employees in and on behalf of any labor organization or organizations; detailing certain of their employees to act as spies and under- cover agents to report to them-on the Union or organizational activities of their employees; or in any other manner interfer- ing with, restraining or coercing their employees in the exercise of their rights to organize, to form, join or assist labor organiza- tions, to bargain collectively with the representatives of their own choosing, and to engage in concerted activities for the pur- pose of collective bargaining or other mutual aid or protection, as guaranteed under Section 7 of the National Labor Relations Act. (b) Discouraging membership in the Fabricated Metal Work- ers' Union, Local No. 22199, by discharging or in any other manner discriminating against their employees in regard to the hire and tenure of employment or any condition of employment, for the reason that they, or any of them, joined or assisted the Union or any other labor organization of their employees. (c) Refusing to bargain collectively with the Fabricated Metal Workers' Union, Local No. 22199, as the exclusive representative of all their production and maintenance employees employed at their Cairo, Illinois, plant, but excluding supervisory and clerical employees. - 2. The respondents, their agents, successors and assigns, shall take the following affirmative action which will effectuate the policies of the Act : (a) Upon request, bargain collectively with the Fabricated Metal Workers' Union, Local No. 22199, as the exclusive repre- sentative of all the production and maintenance employees em- ployed at their Cairo, Illinois, plant, but excluding supervisory and clerical employees. 890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Offer to Herbert Washum, Willis Rothschilds, Guy Clutts, Calbert Singleton, William H. Price, Carter Brunston, Everett Murray, Harvey Nichols, Jesse Edison, Wayne Barnwell, J. B. Stone, Frank McClure, J. J. Weniscke, William Rogers, Ellis Joe, Norman Chambliss, Carl Keppner, Robert Sills, Baker Clark, E. J. Cartwright, Martin Becker, Cecil Lockett, Floyd Hendricks, Cecil Royce, John Holly, immediately after termina- tion of the strike, full reinstatement to their former positions without prejudice to any rights and privileges previously en- joyed by them, and employ said employees as such positions become available. (c) Make whole Herbert Washum for any loss of pay he may have suffered by reason of his discharge by payment to him of the sum of Twenty-five Dollars. (d) Immediately upon termination of the strike, offer to all of their employees who were on the payroll for the period ending November 4, 1939, and who on or about November 8, 1939, went on strike, reinstatement to their former or substantially. equiva- lent positions, without prejudice to their seniority or other rights and privileges, and employ said employees as such positions become available. (e) Immediately post notices in conspicuous places at their Cairo, Illinois, plant, and maintain such notices for a period of at least sixty consecutive days, stating that the respondents will cease and desist in the manner aforesaid. (f) Notify the Regional Director for the Fourteenth Region in writing within ten days from the date of this Order what steps the respondents have taken to comply therewith. It is also agreed and stipulated by and between the parties hereto that any appropriate Circuit Court of Appeals of the United States may, upon application by the Board, enter its decree enforcing the Order of the Board. The respondents waive their right to contest the entry of any such decree and their right to receive notice of the filing of an application for entry of such decree. It is further agreed and stipulated by the parties hereto that the entire agreement between the parties hereto, respecting the Second Amended Charge and Amended Complaint herein, is contained within the terms of this stipulation and there is no verbal agreement of any kind which changes, alters, or adds to this stipulation. On February 9, 1940, the Board issued its order approving the above stipulation, making it part of the record, and transferring the VALLEY STEEL PRODUCTS COMPANY 891 proceeding to the Board for the purpose of entering a decision and order by the Board pursuant to the provisions of said stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE RESPONDENTS The respondents Lester A. Crancer and George B. Fleischman are copartners doing business as Valley Steel Products Company. The respondents maintain an office in St. Louis, Missouri, and a plant in Cairo, Illinois, where they are engaged in the manufacture, recondi- tioning, sale, and distribution of thread protectors, pipe, and pipe fittings. A substantial portion of the raw materials used at the respondents' plant are shipped to it from points outside the State of Illinois, and a substantial portion of the finished products manufactured at said plant are shipped to points outside the State of Illinois. The re- spondents admit they are engaged in interstate 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 and stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondents, Lester A. Crancer and George B. Fleischman, doing . business as Valley Steel Products Company, Cairo, Illinois, their officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a)'"Ufging, persuading, and warning their employees against forming or joining any labor organization; threatening their em- ployees with discharge in the event said employees joined or formed any labor organization; threatening to remove their plant from Cairo, Illinois, in the event their employees formed or joined a labor organ- ization; keeping their employees under surveillance in order to ascer- tain their desires regarding labor organizations; encouraging their employees to act as spies and undercover agents to report on the activities of their employees in and on behalf of any labor organiza- tion or organizations; detailing certain of -their employees to act as spies and undercover agents to report to them on the Union or organ- izational activities of their employees; or in any other manner inter- 892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fering with, restraining, or coercing their employees in the exercise of their rights to organize, to form, join, or assist labor organizations, to bargain collectively with the representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed under Section 7 of the National Labor Relations Act; (b) Discouraging membership in the Fabricated Metal Workers' Union, Local No. 22199, by discharging or in any other manner dis- criminating- against their employees in regard to the hire and tenure of employment or any condition of employment, for the reason that they, or any of them, joined or assisted the Union or any other labor organization. of their employees ; (c) Refusing to bargain collectively with the Fabricated Metal Workers' Union, Local No. 22199, as the exclusive representative of all their production .and maintenance employees employed at their Cairo, Illinois, plant, but excluding supervisory . and clerical employees. 2. Take the following affirmative action which the - Board finds will effectuate the policies of the Act : (a) Upon request, bargain collectively with the Fabricated Metal Workers' Union, Local No. 22199, as the exclusive representative of all the production and maintenance employees employed at their Cairo, Illinois, plant, but excluding supervisory and clerical employees; (b) Offer to Herbert Washum, Willis Rothschilds, Guy Clutts, Cal- bert Singleton, William H. Price, Carter Brunston, Everett Murray, Harvey Nichols, Jesse Edison, Wayne Barnwell, J. B. Stone, Frank McClure, J. J. Weniscke, William Rogers, Ellis Joe, Norman Chambliss, Carl Keppner, Robert Sills, Baker Clark, E. J.. Cart- wright, Martin Becker, Cecil Lockett, Floyd Hendricks, Cecil Royce, John Holly, immediately after termination of the strike, full rein- statement to their former positions without prejudice to- any rights and privileges previously enjoyed by them, and employ said employees as such positions become available; (c) Make whole Herbert Washum for any loss of pay he may have suffered by reason of his discharge by payment to him of the sum of Twenty-five Dollars ; (d) Immediately upon termination of the strike, offer to all of their employees who were on the pay roll for the period ending November 4, 1939, and who on or about November 8, 1939, went on strike, reinstatement to their former or substantially equivalent posi- tions, without prejudice to their seniority or other rights and privileges, and employ said employees as such positions become available; VALLEY STEEL PRODUCTS COMPANY 893 (e) Immediately post notices in conspicuous places at their Cairo, Illinois, plant, and maintain such notices for a period of at least sixty consecutive days, stating that the respondents will cease and desist in the manner aforesaid; (f) Notify the Regional Director for the Fourteenth Region in writing within ten days from the date of this Order what steps the respondents have taken to comply therewith.