021 NLRB 1025
Servel, Inc.
In the Matter of SERVEL, INC. and UNITED ELECTRICAL , RADIO AND
MACHINE WORKERS OF AMERICA , LOCAL No. 1002
Case No. C-488
ORDER VACATING ORDER
AND
SUBSTITUTING MODIFIED ORDER
March 25, 1940
On March 25, 1939, the National Labor Relations Board'. herein
called the Board, issued its Decision and Order in the above-entitled
case."
Thereafter, on March 11, 1940, Servel, Inc., the respondent
herein, and counsel for the Board entered into a certain stipulation
and agreement for the disposition of 'matters involved herein,' as
therein set forth.
On March 12, 1940, the Board issued its order
approving the stipulation and agreement and making it part of the
record herein.
Now, therefore, upon said stipulation and agreement
and upon the entire record in the case,
IT IS ORDERED that the Order of the Board herein issued March 25.
1939, be, and same hereby is, vacated and set aside,
AND IT IS FURTHER ORDERED in lieu of said Order, its follows:
ORDER
Upon the basis of the above findings of fact and conclusions of
law, and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that the
respondent, Servel, Inc., and its officers, agents, successors, and
assigns, shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of Serve"
Workers' Council, or the formation or administration of any other
labor organization of its employees, and contributing support to
Servel Workers' Council or to any other labor organization of its
employees;
'11 N L R. B. 1295.
21 N. L. R. B., No 97.
1025
1026
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Discouraging membership in United Electrical, Radio and
Machine Workers of America, Local No. 1002, or any other labor
organization of its employees by discriminating in regard to hire
and tenure of employment or any term or condition of employment;
(c) In any other manner interfering with, restraining,, or coercing
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 concerted
activities , for the purposes of collective bargaining or other mutual
aid and protection , as guaranteed in Section 7 of the Act.
2. Take the following affirmative . action, which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition from Servel Workers' Council 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 ;
(b) Offer to Roy Brents, Merton McCool, Myron Leachman, Har-
old Moore, and, James Deckard, and each of them, immediate and
full reinstatement to their respective former positions , or if such
positions be not available, then to substantially equivalent positions,
without prejudice to their seniority or other rights or privileges; and
make them whole for any loss of pay they have suffered by reason
of their respective discharges or termination of their , employment
by the respondent by payment of the sum of $500 to each of them;
(c) Make whole Earl Brammer , Roddie Delany, George Grimm,
Fred Schmidt, Thomas Vinson, and Earl Rhoades , and each of
them, for any loss of pay they have suffered by reason of their re-
spective discharges or termination of employment by the respondent
by payment of the sum of $1,000 to each of them ;
(d) Post, immediately notices in conspicuous places throughout its
plant and maintain such notices for a period of thirty (30) consecu-
tive days, stating that the respondent will not engage in any of the
acts or practices set forth in paragraph 1 (a), (b), and
(c) of this
Order, and that it will take the affirmative action set forth in para-
graph 2 (a), (b), and (c) of this Order;
(e) Notify the Regional Director for the Eleventh Region in writ-
ing within ten (10) days from the date of this Order what steps the
respondent has taken to comply herewith.
AND IT Is FURTHER ORDERED that the complaint, as amended, in so
far as it alleges that the respondent has engaged in unfair labor
practices in respect to the employees listed in Appendix
"A", and
Herschel Hopper, be, and it hereby is , dismissed.
SERVEL INCORPORATED
1027
APPENDIX "A"
Charles Carson
William Cavis
John Gibson
Marion Grubb
Gladys Hays
Allen Hullett
Thurlow Jones
Ray Kanzler
Gladys Kennada
William Kennada
Jessee Likens
Lloyd Long
George Ludwig
John McIntosh
Arthur Mundy
John Pascoe
Joseph Payne
James Rogers
Leroy Rounder
Russell Stultz
Jesse Sweet
Harry Wingerter
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Order Vacating Order and Substituting Modified Order.