Johnston Pump Co. Inc.

In the Matter Of JOHNSTON PUMP COMPANY INC. and AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA, LODGE No. 1819 , THROUGH STEEL WORKERS ORGANIZING COMMITTEE (C. I. 0.) Case No. 0-1365.-Decided March 16, 1940 Water Pamp Manufactiirwg Industry-Settlement: stipulation providing for compliance with the Act, including disestablishment of company -dominated union and agreement to bargain with outside union if it receives a majority at a consent election-Order: entered on stipulation. Mr. David Sokol, for the Board. Howlett and MacLaren, by Mr. Elmer H. Howlett and Mr. Tow- son T. MacLaren, of Los Angeles, Calif., for the respondent. Mr. Ken Hunter, of Los Angeles, Calif., for Lodge No. 1819. 111r. Milton E. Harris, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge No. 1819, through Steel Workers Organizing Committee (C. I. 0.), herein called Lodge No. 1819,1 the National Labor Relations Board, herein called the Board, by its Regional Director for the Twenty-first Region (Los Angeles, California), issued its complaint, dated April 28, 1939, against Johnston Pump Company, Inc., Los Angeles, California, herein called the respondent, alleging that the respondent had en- gaged in and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1), (2), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The complaint, containing a notice of hear- ing, together with a copy of the second amended charge and National Labor Relations Board Rules and Regulations-Series 1, as amended, was duly served upon the respondent, upon Lodge No. 1819, upon 1 The original charge was filed by Steel Workers Organizing Committee , Lodge 1819, C. I 0 21 N. L. R. B., No. 69. 681 682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD United Water Pump Workers, herein called the Pump Workers, upon Central Labor Council, and upon Los Angeles Industrial Union Council. With respect to the unfair labor practices, the complaint alleges, in substance, that the respondent (1) on or about June 23, 1937, and on or about April 22, 1938, and at all times thereafter, refused to bar- gain collectively with Lodge No. 1819 as the exclusive representative of all the respondent's employees in a certain unit appropriate for the purposes of collective bargaining at its plant located at Los Angeles, California; (2) on or about July 15, 1938, and thereafter, dominated and interfered with the formation and administration of, and con- tributed financial and other support to, the Pump Workers, a labor organization at the said plant; and (3) since June 1, 1937, urged, persuaded, and warned its employees to refrain from joining Lodge No. 1819 or remaining members thereof, threatened them with dis- charge if they became or remained members thereof, urged its employees to become members of the Pump Workers, engaged in espionage, and otherwise interfered with, restrained, and coerced employees in the exercise of the rights guaranteed in Section 7 of the Act. The respondent thereafter filed its answer, denying that it had engaged in any of the alleged unfair labor practices and affirmatively alleging that the Board did not have jurisdiction in the premises. Pursuant to notice, a hearing was held at Los Angeles, California,. on May 11, 12, 15, and 16, 1939, before John T. Lindsay, the Trial Examiner duly designated by the Board. The Board and the respond- ent were represented by counsel, and Lodge No. 1819 was represented by its international representative, and participated in the hearing.' On September 18, 1939, the Trial Examiner filed his Intermediate Report, copies of which were served on the respondent, on Lodge No. 1819, and on the Pump Workers, in which he found that the respond- ent had engaged in the unfair labor practices alleged in the complaint and recommended that the respondent cease and desist therefrom and take certain affirmative action.' 2 At the opening of the hearing, Pattern Makers Association appeared by its business manager, and International Association of Machinists by its business agent . These rep- resentatives were severally advised by the Trial Examiner of their right to file a written motion to Intervene , but they subsequently informed the Trial Examiner that they had decided not to do so. These two organizations did not make any further appearance at the hearing The Pump workers appeared by their secretary-treasurer throughout the hearing, but did not tile a motion to nrterNene 3 The Intermediate Report also stated that the Trial Examiner gave the Punip workers the privilege of intervening and of securing counsel, but that their secretary-treasurer replied that it was not desired to do so. The Pump workers, although served with a copy of the Intermediate Report, did not file any exceptions thereto JOHNSTON PUMP COMPANY, INC. 683 On September 28, 1939, an order ivas issued, copies of which were served on all parties, transferring the case to the Board.4 Pursuant to two extensions of time granted therefor, the respondent on November 30, 1939, filed its Statement of Exceptions to the Inter- mediate Report and other parts of the record. On February 15, 1940, the respondent, Lodge No. 1819, and counsel for the Board entered into the following stipulation in settlement of this case: STIPULATION It is hereby stipulated and agreed, by and between Johnston Pump Company, Inc., Respondent herein ; Amalgamated As- sociation of Iron, Steel and Tin Workers of North America, Lodge No. 1819, through Steel Workers Organizing Committee, C. I. 0., party herein ; and Weldon P. Monson, Attorney for the National Labor Relations Board, that : I. Upon charges and amended charges filed by the Amalgam- ated Association of Iron, Steel and Tin Workers of North America, Lodge No. 1819, through Steel Workers Organizing Committee, C. I. 0., sometimes hereinafter referred to as the Union, the National Labor Relations Board, by the Regional Director for the Twenty-first Region, acting pursuant to au- thority granted in Section 10 (b) of the National Labor Rela- tions Act, 49 Stat. 449, and its Rules and Regulations, Series I, as amended, Article IV, Section I, issued its Complaint on the Twenty-eighth day of April, 1939, against the Johnston Pump Company, Inc. II. On or about September 18, 1939, John T. Lindsay, Trial Examiner, designated to conduct a hearing in the above case, duly -rendered his Intermediate Report after a hearing in which all parties were represented and afforded an opportunity to fully participate and to be heard in the proceeding. Copies of said Intermediate Report were duly served upon all parties to said proceeding. On or about November 28, 1939 , the Respondent, Johnston Pump Company, Inc., filed Exceptions to said Intermediate Report, which it hereby withdraws and stipulates further that the record may be closed for the purpose of effectuating the terms of this Stipulation. III. Respondent, Johnston Pump Company, Inc., is and has been for a long period of time a Corporation incorporated under 4 Copies of this order were also served on the Pump Workers , on Pattern Makers Asso- ciation, on International Association of Machinists , on Central Labor Council, and on Los Angeles Industrial Union Council. 684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the laws of the State of California, with a factory at Los Angeles, California, and agencies in Kansas and New Mexico. It also has a stock in Chicago and dealer in New York.5 Respondent's sales- men operate out of Los Angeles and Tulare, California; Dodge City, Kansas; and Rockwell, New Mexico. Respondent manu- factures, sells and distributes water pumps and deep-well turbine pumps for irrigation, municipal and industrial use. The raw materials used by Respondent in the manufacture of its products consist of steel, steel castings, brass, bronze, cast iron and pig iron. The principal means used by Respondent in transporting its products are by railroads and water. (a) Between January 1, 1937 and January 1, 1938, the sales of the Respondent amounted to approximately $873,165.12, of which $466,658.53 was sold and shipped to States other than the State of California and foreign countries. (b) During the year 1937, Respondent purchased raw ma- terials valued at $133,790.27, and for the first seven nionths of 1938, $30;204.69, and that of these total purchases approximately ten percent is in the form of steel, which is purchased locally from the Earle Jorgenson Company, but is cast outside of the State of California and is brought into the State of California by means of rail ; that further, of the total purchases of ma- terials used in the manufacture, approximately 20 percent is in the form of cast iron which is purchased locally from the Dayton and Waldrip Company. However, the original source of the pig iron is outside of the State of California; that of the other materials used, brass comes from the Atlas Brass Foundry, located in Los Angeles. (c) The percentages of sales made in the State of California, and outside the State of California during the year 1938 and up to this date in 1940, have,been approximately the same per- centages as 'the sales • made in California and, outside" the State of California during the year 1937. Respondent sells and ships some of its manufactured products to foreign countries. (d) The Respondent sells its finished products through agents, dealers and salesmen located in the State of California and States other than the State of California. The Respondent advertises its finished products in magazines having national circulation. Respondent, Johnston Pump Company, Inc. is engaged in interstate commerce within the meaning' of the National Labor Relations Act. 6 Sic. JOHNSTON PUMP COMPANY, INC. 685 IV. The Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge No. 1819, through Steel Workers Organizing Committee, and the United Water Pump Workers are labor organizations within the meaning of the Act. V. Upon this Stipulation, if approved by the National Labor Relations Board, and all the proceedings heretofore had in this matter, and on the record in this case, and the pleadings, an Order may forthwith be entered by said Board, which Order may be embodied in a Consent Decree, consent thereto being hereby expressly given, and entered with the United States Circuit Court of Appeals for the Ninth Circuit, providing as follows : The Respondent, Johnston Pump Company, Inc. and its offi- cers, agents, successors and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in the Amalgamated Associa- tion of Iron, Steel and Tin Workers of North America, Lodge No. 1819, or any other labor organization; and from dominating or interfering with the formation or administration of the United Water Pump Workers, a labor organization, or any other labor organization, and from contributing financial or other support to said United Water Pump Workers, or any other labor organization; (b) In any other manner interfering with, restraining or coerc- ing its employees in the exercise of the right of self organization, to form, join or assist labor organizations, to bargain collec- tively 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 under 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) Withdraw all recognition from the United Water Pump Workers as a representative of its employees for the purpose of dealing with the Respondent concerning grievances, labor dis- putes, wages, rates of pay, hours of employment, and other condi- tions of employment, and completely disestablish the above named United Water Pump Workers; (b) Post immediately in conspicuous places in its plant at Los Angeles, California, and maintain for a period of at least sixty (60) consecutive days, notices to its employees, stating: (1) that Respondent will cease and desist in the manner afore- said; (2) that Respondent has withdrawn all recognition from 686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the United Water Pump Workers as the representative of Respondent's 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 United Water Pump Workers is completely dis- established as such representative; (c) File with the Regional Director for the Twenty-first Region, within ten (10) days from the date of the entry of this Order, a report in writing, setting forth in detail the manner and form in which it has complied with the foregoing requirements. VI. It is further stipulated and agreed, that an election will be conducted by the National Labor Relations Board, at any time within 90 days from the date of the approval of this Stipu- lation by the Board, upon request of the Union, and by consent of the Respondent, for the purpose of determining exclusive representatives for collective bargaining among the production and maintenance employees, exclusive of clerical help, office force, foremen, representatives and officials of said Compny,in Respondent's Los Angeles plant. (a) All of the Respondent's production and maintenance employees, exclusive of clerical help, office force, foremen, repre- sentatives and officials of said Company at its Los Angeles plant shall constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act and only said production and maintenance employees shall be eligible to participate and vote in said election ; (b) The Name of the "Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge No. 1819, "here- inbefore referred to as the Union, shall appear alone on a "Yes"-"No" ballot at such election. VII. It is further stipulated and agreed, that Respondent will recognize the Union, in the event that it proves a majority repre- sentation at such election; as the exclusive representative of its employees in the unit described above, immediately upon the certification of the results of the election herein provided by the National Labor Relations Board, or its agents, and Respondent will meet, deal, and negotiate in good faith with the represent- atives of the Union duly designated for that purpose, concern- ing rates of pay, wages, hours of employment, and other terms and conditions of employment, as provided by the Act. VIII. It is further stipulated and agreed that the United States Circuit Court of Appeals, for the Ninth Circuit, may, JOHNSTON PUMP COMPANY, INC. 687 upon application of the National Labor Relations Board, enter a Decree, the form of which has heretofore been approved by Respondent, enforcing the aforesaid Order of the Board. Respondent hereby expressly waives its right to contest the entry of said approved Decree in said Circuit Court of Appeals. IX. It is further understood and agreed, that this Stipulation embodies the entire agreement between the parties and that there is no verbal agreement of any kind, which varies, alters or adds to the Stipulation. X. And it is further understood and agreed, that this Stipu- lation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On February 29, 1940, the Board issued an order approving the foregoing stipulation and making it a part of the record. Upon the foregoing stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent is a California corporation, and is engaged in the manufacture, sale, and distribution of water pumps and deep-well turbine pumps for irrigation and municipal and industrial uses. The respondent maintains a factory at Los Angeles, California, agencies in Kansas and New Mexico, stock in Chicago, Illinois, and a dealer in New York City. In the calendar year 1937, the respondent's sales totaled approxi- mately $873,165.12, of which $466,658.53 represented products shipped to points outside the State of California. Approximately the same proportion obtains for the calendar years 1938 and 1939 and the period of 1940 up to February 15, the date of the stipulation, but the record does not disclose the total amounts of such sales. In the calendar year 1937, the respondent purchased raw materials valued at $133,790.27, and during the first 7 months of 1938 it purchased raw materials valued at $30,204.69. Approximately 10 per cent of these purchases are in the form of steel, and are made locally, although the steel is cast outside the State of California; and approximately 20 per cent are in the form of cast iron, and are made locally, although the original source of the pig iron is outside the State of California. The respondent stipulated and we find that it is engaged in coln- inerce, within the meaning of the Act. 688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the foregoing findings of fact, the entire record and the stipulation, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Johnston Pump Company, Inc., Los Angeles, California, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in the Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge No. 1819, or any other labor organization; and from dominating or interfering with the formation or administration of the United Water Pump Workers, a labor organization, or any other labor organization, and from contributing financial or other support to said United Water Pump Workers, or any other labor organization ; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right of 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 purpose of collective bargaining, or other mutual aid or protection, as guaranteed under 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) Withdraw all recognition from the United Water Pump Workers as a representative of its employees for the purpose of deal- ing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, and other conditions of employment, and completely disestablish the above named United Water Pump Workers; (b) Post immediately in conspicuous places in its plant at Los Angeles, California, and maintain for a period of at least sixty (60) consecutive days, notices to its employees, stating: (1) that Respondent will cease and desist in the manner aforesaid ; (2) that Respondent has withdrawn all recognition from the United Water Pump Workers as the representative of Respondent's 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 United Water Pump Work- ers is completely disestablished as such representative; (c) File with the Regional Director for the Twenty-first Region, within ten (10) days from the date of the entry of this Order, a report in writing, setting forth in detail the manner and form in, which it has complied with the foregoing requirements.