Douglas Aircraft Co., Inc.

In the Matter of DOUGLAS AIRCRAFT CO., INC., NORTHROP DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 229 Case No. C-557 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER March 14, 19.40 On December 1, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Order in this matter.' On February 13, 1940, Douglas Aircraft Co., Inc., Northrop Division, herein called the respondent; International Union, United Automobile Workers of America, Local 229; Local 683, International Union, United Automobile Workers of America, C. I. 0., Successor to Inter- national Union, United Automobile Workers of America, Local 229; and counsel for the Board entered into the following stipulation: STIPULATION The National Labor Relations Board, having entered its De- cision and Order on or about November 30, 1939, in the above entitled matter, and it being the desire of the parties hereto to dispose of the matters involved by mutual agreement, it is hereby stipulated and agreed, by and between Douglas Aircraft Co., Inc., Northrop Division, respondent herein ; International Union, United Automobile Workers of America, Local 229, party herein, and Weldon P. Monson, Attorney for the National Labor Rela- tions Board, that upon all of the proceedings heretofore had in this matter and more fully described in the Decision and Order of the Board herein, and on the record in this case, and on all the pleadings, and on the findings of fact, and conclusions of law, Decision and Order entered by the Board on or about November 30, 1939; 118 N. L R B 43 21 N. L. R. B, No 62. 655 656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I. If approved by the Board, the said Order may be modified to read as follows : ORDER Upon the basis of a stipulation, and findings of fact and con- clusions of law heretofore made by the National Labor Rela- tions Board, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Douglas Aircraft Co., Inc., El Segundo, California, its officers, agents, successors and assigns, shall : (1) Cease and desist from : (a) Discouraging membership in International Union, United Automobile Workers of America, Local 229, or any other labor organization of its employees, by discriminating in regard to hire or tenure of employment or any terms or conditions of employment ; (b) Giving effect to any existing agreement with any of its employees insofar as it obligates the employee to refrain from striking and to forfeit $15.00, to be deducted from his wages, for violation of the agreement to refrain from striking and provides that violation of the agreement not to strike shall be cause for discharge; (c) Requiring as a condition of employment that employees or prospective employees shall agree that they will not strike, that they will forfeit a sum if they strike, or that striking shall be an agreed cause for discharge; (d) In any other manner interfering with, restraining, and coercing its employees in the exercise of the right to self-organi- zation, 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. (2) Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Immediately offer Al Riess reinstatement to his former or a substantially equivalent position, without prejudice to his seniority or other rights and privileges previously enjoyed by him; said offer to be communicated to Al Riess by registered mail, return receipt requested, and acceptance thereof to be made by Al Riess within ten days from the receipt of said offer, other- wise said offer shall be deemed to be rejected; (b) Make whole Al Riess by payment to him immediately upon the entry of this Order, of the sum of Five Hundred DOUGLAS AIRCRAFT CO., INC. 657 ($500.00) Dollars, which sum is in full settlement of the amount which said employee would have earned as wages during the period from the date of the respondent's discrimination against him to the date of its offer of reinstatement, less his net earnings during such period; (c) Post immediately in conspicuous places throughout its plant, and maintain for at least sixty (60) consecutive days from the date of posting, notices to its employees, stating that the respondent will cease and desist in the manner set forth in Paragraphs 1 (a), (b), (c) and (d), and that it will take the affirmative action set forth in Paragraph 2 (c) of this Order, and that the case of Al Riess has been satisfactorily adjusted before the National Labor Relations Board; and said notices' shall fur- ther inform all of respondent's employees who have signed the instrument entitled, "Conditions of Employment",- that insofar as such instrument involves agreement by employees that they will not strike, and that they will forfeit $15.00, to be deducted from wages, if they strike, and that violation of the agreement not to strike shall be cause for discharge, the respondent has discontinued and will discontinue as a term or condition of em- ployment, and will cease and desist from enforcing or attempt- ing to enforce, it, or any such instrument, and (d) Notify the Regional Director for the Twenty-first Region in writing, within ten (10) days from the date of this Order, what steps the respondent has taken to comply herewith. II. It is stipulated and agreed, that the United States Circuit Court of Appeals, for the Ninth Circuit, may, upon application of the National Labor Relations Board, enter a Decree, enforcing the aforesaid Order of the Board, respondent hereby expressly waiving its right to contest the entry of such Decree in such Circuit Court of Appeals, and, further, respondent does hereby expressly waive its right to receive notice of the filing by the National Labor Relations Board of an application for the entry of such a Decree. III. It is further understood and agreed, that this Stipula- tion embodies the entire agreement between the parties and that there is no verbal agreement of any kind which varies, alters or adds to this Stipulation. IV. It is further understood and agreed, that this Stipula- tion shall not .become effective until approved by the National Labor Relations Board, and that it shall become effective and binding immediately upon such approval. On February 19, 1940, the Board approved said stipulation and ordered it made part of the record herein, and on February 23, 1940, 658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD issued an amendment to its order approving said stipulation for the purpose of correcting a minor error in such order. Upon the basis of the above stipulation, the pleadings, and the entire record in the case, and pursuant to Section 10 (c) and (d) of the National Labor Relations Act, 49 Stat. 449, the National Labor Relations Board hereby orders that its Order issued on December 19 1939, be, and it hereby is, vacated and further orders that a modified order be substituted therefor, to read as follows : ORDER Upon the basis of a Stipulation, and findings of fact and conclu- sions of law heretofore made by the National Labor Relations Board, and pursuant to Section 10 (c) of the National Labor Relations'Act, the National Labor Relations Board hereby orders that the respond- ent, Douglas Aircraft Co., Inc., El Segundo, California, its officers, agents, successors and assigns, shall: (1) Cease and desist from: (a) Discouraging membership in International Union, United Au- tomobile Workers of America, Local 229, or any other labor organi- zation of its employees, by discriminating in regard to hire or tenure of employment or any terms or conditions of employment; (b) Giving effect to any existing agreement with any of its em- ployees in so far as it obligates the employee to refrain from striking and to forfeit $15.00, to be deducted from his wages, for violation of the agreement to refrain from striking and provides that violation of the agreement not to strike shall be cause for discharge; (c) Requiring as a condition of employment that employees or prospective employees shall agree that they will not strike, that they will forfeit a sum if they strike, or that striking shall be an agreed cause for discharge; (d) In any other manner interfering with, restraining, and coerc- ing its employees in the exercise of the right 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. (2) Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Immediately offer Al Riess reinstatement to his former or a substantially equivalent position, without prejudice to his seniority or other rights and privileges previously enjoyed by him; said offer to be communicated to Al Riess by registered mail, return receipt, DOUGLAS AIRCRAFT CO., INC. 659, requested, and acceptance thereof to be made by Al Riess within ten days from the receipt of said offer, otherwise said offer shall be deemed to be rejected; (b) Make whole Al -Riess by payment to him immediately upon the entry of this Order, of the sum of Five Hundred ($500.00) Dol- lars, which sum is in full settlement of the amount which said em- ployee would have earned as wages during the period from the date of the respondent's discrimination against him to the date of its offer of reinstatement, less his net earnings during such period; (c) Post immediately in conspicuous places throughout its plant, and maintain for at least sixty (60) consecutive days from the date of posting, notices to its employees, stating that the respondent will cease and desist in the manner set forth in Paragraphs 1 (a), (b), (c) and (d), and that it will take the affirmative action set forth in Paragraph 2 (c) of this Order, and that the case of Al Riess has been satisfactorily adjusted before the National Labor Relations Board; and said notices shall further inform all of, respondent's employees who have signed the instrument entitled, "Conditions of Employment", that in so far as such instrument involves agreement by employees that they will not strike, and that they will forfeit $15.00, to be deducted from wages, if they strike, and that violation of the agreement not to strike shall be cause for discharge, the re- spondent has discontinued and will discontinue as a term or condition of employment, and will cease and desist from enforcing or attempt- ing to enforce, it, or any such instrument; and (d) Notify the Regional Director for the Twenty-first Region in writing, within ten (10) days from the date of this Order, what steps the respondent has taken to comply herewith.