Standard Wholesale Phosphate & Acid Works, Inc.

In the Matter of STANDARD WHOLESALE PHOSPHATE & ACID WORKS, INC. and UNITED MINE WORKERS OF AMERICA, DISTRICT 50, LOCAL 12138 Case No. C-1500.-Decided March 13, 194.0 Fertilizer and Acid Manufacturing Industry-Settlement : stipulation provid- ing for compliance with the Act, including disestablishment of company- dominated union and abrogation of contract entered into with predecessor- Order: entered on stipulation. Mr. Herbert 0. Eby, for the Board. Venable, Baetjer d Howard, by Mr. Joseph France and Mr. Stuart Janney -)f Baltimore, Md., for the respondent. Mr. Ja' ob J. Edelman and Mr. Nathan H. Aims of Baltimore, Md., for the United. Mr. Franklin D. Barrett of Baltimore, Md., for the Employees Association. Mr. Edgar M. Tomlinson of Baltimore, Md., for the Protective Association. Mr. Langdon C. West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges and second amended charges duly filed by the United Mine Workers of America, District 50, Local No. 12138, affiliated with the Congress of Industrial Organizations, herein called the United, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifth Region (Baltimore, Maryland), issued its complaint, dated February 1, 1940, and its amended complaint, dated February 6, 1940, against Standard Wholesale Phosphate & Acid Works, Inc., Curtis Bay, Baltimore, Maryland, 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 (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein 21 N. L. R. B, No. 58. 597 283032-41-vol 21--39 598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD called the Act. Copies of the complaint and amended complaint. and notices of hearing thereon were duly served upon the respondent, upon the United, upon Standard Wholesale Phosphate & Acid Works Em- ployees Association , Inc., herein called the Employees Association, and upon the Employees Protective Association, herein called the Protective Association. Concerning the unfair labor practices the complaint, as amended, alleged, in substance , that the respondent on or about July 1, 1939, and thereafter , dominated and interfered with the formation and administration of the Protective Association and contributed finan- cial and other aid and support to it; that in furtherance of the plan and course of action set forth in the previous clause respondent on or about September 6, 1939, executed an agreement with the Pro- tective Association, which organization purported to represent the respondent's employees for purposes of collective bargaining; that since the Protective Association was not representative of the re- spondent's employees within the meaning of Section 9 (a) of the Act at the time the respondent executed the agreement with it such agreement is null and void and of no effect; that on or about Sep- tember 8, 1939, several employees of the respondent obtained a charter in the State of Maryland for the incorporation of the Em- ployees Association which thereupon became the successor of the Protective Association ; that on or about September 8, 1939, and thereafter , the respondent dominated and interfered with the for- mation and administration of the Employees Association and con- tributed financial and other aid and support to it; and that the respondent, by the aforesaid acts, by urging , persuading, and warn- ing its employees from becoming or remaining members of the Congress of Industrial Organizations, and by other ways, intimi- dated, restrained , and coerced its employees in the exercise of their rights guaranteed in Section 7 of the Act. On February 15, 1940, the respondent filed its answer to the amended complaint in which it admitted the allegations concerning the nature and scope of its busi- ness but denied the allegations of unfair labor practices. Pursuant to notice,' a hearing was held on February 15, and 16, 1940, at Baltimore, Maryland, before Henry J. Kent, the Trial Ex- aminer duly designated by the Board. The respondent, the United, and the Board were represented by counsel and participated in the hearing. On February 16, 1940, the respondent, the United, the Employees Association , and counsel for the Board entered into a stipulation in settlement of the case subject to the Board 's approval. This stipulation was admitted in evidence by the Trial Examiner 1 The hearing was convened within 9 days of the issuance of the amended complaint but all parties waived their right to further notice STANDARD WHOLESALE PHOSPHATE & ACID WORKS, INC. 599 without objection and the hearing was thereafter closed. The afore- said stipulation was not approved by the Board, and on February 29, 1940, the same parties entered into an amended stipulation in settlement of the case, which was subject to the Board's approval. This amended stipulation provides as follows : AMENDED STIPULATION It is hereby stipulated and agreed by and between the Stand- ard Wholesale Phosphate & Acid Works, Inc., (hereinafter called the respondent), the United Mine Workers of America, District 50, Local #12138, the Standard Wholesale Phosphate & Acid Works Employees Association, Inc., and Herbert 0. Eby, Attorney, National Labor Relations Board, Fifth Region, that : 1. The respondent is and has been since 1911 a corporation duly organized under and existing by virtue of the laws of the State of Maryland, having its principal office and place of busi- ness in the City of Baltimore, State of Maryland, and is now and has continuously been engaged at a place of business at Curtis Bay, Maryland, in the manufacture, sale and distribu- tion of fertilizer and all kinds of sulphuric acid, oleum and fuming acid. The raw materials used in the manufacture of its fertilizer and acid products consist principally of sulphur, phosphate rock and allied fertilizer materials. During the year of 1939, the respondent obtained 98% of all of its raw materials outside of the State of Maryland at a cost in excess of $1,000,- 000. The total value of the manufactured fertilizer and acid products during the year of 1939 amounted in excess of $1,000,- 000, of which approximately 65%o was sold and transported to states other than the State of Maryland. Shipments of raw materials to, and the finished products from, the respondent's plant, are made by rail, boat and truck. 2. The respondent hereby stipulates and agrees that it is engaged in interstate commerce within the meaning of Section 2, subdivision 6 of the National Labor Relations Act, and that its business affects commerce within the meaning of Section 2, subdivision 7 of the said Act. 3. The United Mine Workers of America, District 50, Local #12138 (hereinafter referred to as the United Mine Workers), is a labor organization within the meaning of Section 2, sub- division 5 of the said Act. 4. The Standard Wholesale Phosphate & Acid Works Em- ployees Association, Inc. (the successor to a labor organization 600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the respondent's employees known as the Employees Pro- tective Association), is a labor organization within the meaning of Section 2, subdivision 5 of the said Act. 5. All parties hereto hereby waive their right to a hearing before a Trial Examiner of the National Labor Relations Board and further waive their right to the making or entry of findings of fact and conclusions of law by the National Labor Relations Board. 6. All parties hereto agree that this amended stipulation may be filed with the Chief Trial Examiner of the National Labor Relations Board in Washington, D. C., and when so filed and approved shall be made part of the record in this matter. 7. All parties hereto agree that the National Labor Relations Board, upon the basis of this amended stipulation, if approved, may make the necessary findings of fact to establish jurisdiction and may enter an Order forthwith in the following terms : ORDER The respondent, its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining or co- ercing 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 concerted activity for the pur- poses of collective bargaining or other mutual aid or pro- tection, as guaranteed in Section 7 of the National Relations Act; (b) Dominating or interfering with the administration of the Standard Wholesale Phosphate & Acid Works Em- ployees Association, Inc., or dominating or interfering with the formation or administration of any other labor organ- ization of its employees, or contributing support to any such labor organization; (c) Recognizing the Standard Wholesale Phosphate & Acid Works Employees Association, Inc. as the representa- tive of any of its employees for the purposes of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and (d) Giving effect to or performing any contract now existing with the Standard Wholesale Phosphate & Acid STANDARD WHOLESALE PHOSPHATE & ACID WORKS, INC. 601 Works Employees Association , Inc., and from entering into, renewing or extending any contract whereby the Standard Wholesale Phosphate & Acid Works Employees Association, Inc. is recognized as the bargaining agency for any of its employees. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Withdraw all recognition of the Standard Whole- sale Phosphate & Acid Works Employees Association, Inc. as a representative of any of its employees for the purpose of collective bargaining with the respondent in respect to rates of pay, wages, hours of employment and other terms or conditions of employment , and completely disestablish the Standard Wholesale Phosphate & Acid Works Em- ployees Association , Inc. as such representative; (b) Immediately post notices at conspicious places at Curtis Bay - Plant, and keep the same posted continuously for sixty ( 60) consecutive days, stating the following : 1. That the respondence * will cease and desist as aforesaid, and 2. That the respondent withdraw all recognition from the Standard Wholesale Phosphate & Acid Works Em- ployees Association, Inc. as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay , hours of employment or other conditions of employment, and that said labor organization is disestablished as such representative, and 3. That the respondence * will cease to give effect to and will not in any manner enforce or recognize an agreement dated September 6, 1939, made and entered into by and between the respondent and the Employees Protective Association, which was the predecessor of the Standard Wholesale Phosphate & Acid Works Em- ployees Association, Inc., as stated above in Paragraph 3. (c) Notify the Regional Director for the Fifth Region of the National Labor Relations Board, in writing , within ten days after the entry of this Order, of the steps it has taken to comply with the said Order. 8. The respondent hereby consents to the entry by an appro- priate United States Circuit Court of Appeals, upon application by the Board, of a decree enforcing an Order of the Board as • Sic 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD herein set forth, and hereby waives further notice of the appli- cation for such decree. The said United Mine Workers expressly waives any right or privilege to contest the entry of this decree by an appropriate United States Circuit Court of Appeals, and hereby waives further notice of application for entry thereof. 9. This amended stipulation shall be subject in all respects to the approval of the Board and shall become effective immediately upon approval by the Board. 10. The entire agreement between all parties hereto is con- tained within the terms of this amended stipulation, and there is no verbal agreement of any kind which varies, alters, or adds to said amended stipulation in any respect. 11. The respondent enters into this amended stipulation with the understanding that the allegations contained in the Amended Complaint are not admitted by it. On March 8, 1940, the Board issued its order approving the above stipulation, making it part of the record in the case, and transferring the proceeding to the,Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the amended stipulation. Upon the basis of the above amended stipulation and entire record in the case, the Board makes the following : FINDINGS OF FACT I. BUSINESS OF THE RESPONDENT The respondent, a Maryland corporation with its principal office and place of business at Baltimore, Maryland, is engaged at a place of business at Curtis Bay, Maryland, in the manufacture, sale, and distribution of fertilizer and all kinds of sulphuric acid, oleum and fuming acid. The raw materials used in the manu- facture of its fertilizer and acid products consist principally of sulphur, phosphate rock, and allied fertilizer materials. During the year 1939, the respondent obtained 98 per cent of all its raw materials outside the State of Maryland at a cost in excess of $1,000,000. The total value of the manufactured fertilizer and acid products during the year 1939 amounted in excess of $1,000,000, of which approxi- mately 65 per cent were sold and transported to States other than the State of Maryland. The respondent stipulated and we find that it is engaged in interstate commerce within the meaning of Section 2 (6) of the Act, and that its business affects commerce within the meaning of Section 2 (7) of the Act. STANDARD WHOLESALE PHOSPHATE & ACID WORKS, INC. 603 II. THE ORGANIZATIONS INVOLVED United Mine Workers of America, District 50, Local #12138, and Standard Wholesale Phosphate & Acid Works Employees Association, Inc., successor to the labor organization known as Employees Protec- tive Association, are labor organizations within the meaning of Section 2 (5) of the Act. ORDER Upon the basis of the above findings of fact and amended stipula- tion 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 Sandard Wholesale Phosphate & Acid Works, Inc., Curtis Bay, Baltimore, Maryland, and its officers, agents, successors and assigns, shall : 1. Cease and desist from : (a) 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 concerted activity for the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Dominating or interfering with the administration of the Standard Wholesale Phosphate & Acid Works Employees Associa- tion, Inc., or dominating or interfering with the formation or ad- ministration of any other labor organization of its employees, or contributing support to any such labor organization; (c) Recognizing the Standard Wholesale Phosphate & Acid Works Employees Association, Inc., as the representative of any of its em- ployees for the purposes of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employ- ment, or other conditions of employment; and (d) Giving effect to or performing any contract now existing with the Standard Wholesale Phosphate & Acid Works Employees Association, Inc., and from entering into, renewing or extending any contract whereby the Standard Wholesale Phosphate & Acid Works Employees Association, Inc., is recognized as the bargaining agency for any of its employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition of the Standard Wholesale Phos- phate & Acid Works Employees Association, Inc., as a representa- tive of any of its employees for the purpose of collective bargaining 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the respondent in respect to rates of pay, wages, hours of em- ployment and other terms or conditions of employment, and com- pletely disestablish the Standard Wholesale Phosphate & Acid Works Employees Association, Inc., as such representative; (b) Immediately post notices at conspicuous places at Curtis Bay Plant, and keep the same posted continuously for sixty (60) con- secutive days, stating the following : 1. That the respondent will cease and desist as aforesaid, and 2. That the respondent withdraw all recognition from Standard Wholesale Phosphate & Acid Works Employees Association, Inc., as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employ- ment, and that said labor organization is disestablished as such representative, and 3. That the respondent will cease to give effect to and will not in any manner enforce or recognize an agreement dated September 6, 1939, made and entered into by and between the respondent and the Employees Protective Association, which was the predecessor of the Standard Wholesale Phosphate & Acid Works Employees Associa- tion, Inc., as stated above; (c) Notify the Regional Director for the Fifth Region of the National Labor Relations Board, in writing, within ten (10) days after the entry of this Order, of the steps it has taken to comply with the said Order.