The N. and G. Taylor Co.

In the Matter of THE N. AND G. TAYLOR COMPANY (97d THE A,fAL- GAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA, LODGE No. 1926 III the Matter of THE N. AND G. TAYLOR COMPANY and AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA; LODGE No. 1926, AN AFFILIATE OF THE STEEL WORKERS ORGANIZING COMMITTEE AND THE COMMITTEE FOR INDUSTRIAL ORGANIZATION Cases Nos. R-299 and C-454, respectively. Decided March. 27, 1940 Tin Plate and Tul riplate illanafactai mg Industry-Interference. Restraint, and Coercion-Connpany-Dominated Union: dismissal of allegations without prejudice: special showing subsequent to hearing by Regional Director that respondent was dissolved more than 2 years previous, and plant involved has been closed for 2 years and no immediate prospect of reopening by successor, machinery in plant removed out of state, and alleged dominated union ceased functioning and abandoned for more than 2 years-Investigation of Repiesenta- tzves: dismissal without prejudice: showing by Regional Director subsequent to hearing of facts above stated-Procedui e: Motion and Suggestion for the Record filed by Regional Director after hearing alleging facts in abatement of proceedings ; notice by Board of intent to rely on facts so alleged unless substantial cause to contrary be shown ; findings based upon Regional Director's Suggestion and on record-Order: complaint and petition for investigation dismissed. Mr. Jacob Blum, and Mr. Reeves R. Hilton, for the Board. Mr. Charles Z. Heskett, of Cumberland, Md., and Day, Young, and Veach, by Mr. Thomas F. Veach, of Cleveland, Ohio, for the re- spondent. Mr. David W. Sloan, of Cumberland, Md., for the I. S. T. W. U. Mr. Lee Pressman and Mr. Anthony W. Smith, of Washington, D. C., for the Amalgamated. Mr. Henry W. Lehmann, of counsel to the Board. _ DECISION AND ORDER STATEMENT OF THE CASE _ On August 2, 1937, Carl Jewell, John T. Jones, and Amalgamated Association of Iron , Steel and Tin Workers of North America, Lodge 21 N. L. R. B., No. 119. 1162 THE N. AND G. TAYLOR COMPANY 1163 No. 1926,1 herein called the Amalgamated, filed with Bennet F. Schauffler, then Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The N. & G. Taylor Company ,2 Cumberland, Maryland, herein called the respond- ent, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 10, 1937 , the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 10, 1937, the Regional Director issued a notice of hearing, copies of which were duly served upon the respondent and upon the Amalgamated . Pursuant to the notice a hearing was held in Cumberland, Maryland, on September 9, 10, 11, 13, 14 , 15, 16, 17, and 20, 1937, before D. Lacy McBryde, the Trial Examiner duly designated by the Board. At the beginning of the hearing Republic Iron, Steel and Tin Workers Union , Incorporated, herein called the I. S. T. W. U., a labor organization, appeared by counsel and filed a written motion to intervene in the proceedings . The motion to intervene was granted by the Trial Examiner . The Board, the respondent , the Amalgamated , and the I. S. T. W . U. were repre- sented by counsel . All participated in the hearing . Full opportunity to be heard, to examine and cross -examine witnesses, and to introduce testimony bearing on the issues was afforded all parties . Upon the close of the hearing the record was forwarded to the Board at Washington, D. C. Upon charges duly filed by the Amalgamated , the Board, by the Regional Director issued a complaint dated November 6, 1937, against 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 Act. The complaint and accompanying notice of hearing were duly served upon the respondent and upon the Amalgamated. The complaint alleged in substance that during July and August of 1937, and subsequent thereto, the respondent promoted, assisted, and sponsored the formation of the I. S. T. W. U. among the respond- ent's employees ; that the respondent has since dominated and inter- fered with the administration of the I. S. T. W . U., by encouraging 1 This is the correct name of this labor organization. 2 This is the correct name of the respondent. 1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and intimidating its employees to become members of such organi- zation and by contributing financial and other aid and support thereto ; that, by reason of the aforesaid acts, the respondent has sponsored, dominated, and interfered with the formation and admin- istration of a labor organization of its employees, and interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed by Section 7 of the Act; and that the respondent, by and through its agents and servants, has intimidated, restrained, and coerced its employees, and in other ways has attempted to prevent them from joining a labor organization of their own choosing. On November 11, 1937, the respondent filed its answer in which it denied the material allegations of the complaint,, and set forth various constitutional and other defenses. On November 11, 1937, the I. S. T. W. U. filed with the Board a written motion to intervene in the complaint proceeding, pursuant to notice previously given it by the Board. Pursuant to notice a hearing on the complaint was held in Cumber- land, Maryland, on November 15, 16, 17, and 18, 1937, before Henry J. Kent, the Trial Examiner duly designated by the Board. At the beginning of the hearing the motion to intervene of the I. S. T. W. U. was granted by the Trial Examiner. The Board, the respondent, and the I. S. T. W. U. were represented by counsel. All parties par- ticipated in the hearing, and full opportunity was afforded them to be heard, to examine and cross-examine witnesses, and to produce evidence bearing upon the issues. Thereafter, the record in the com- plaint proceeding was transferred to the Board. On February 25, 1938, the Trial Examiner filed his Intermediate Report in the complaint proceeding, a copy of which was duly served upon the respondent, the Amalgamated, and the I. S. T. W. U., finding 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 Act, and recommending that the respondent cease and desist from its unfair labor practices, withdraw all recognition from the I. S. T. W. U. as representative of its employees for collective bargaining, and take certain other action to remedy the situation brought about by the unfair labor practices. On March 12, 1938, the respondent, and on March 7, 1938, the I. S. T. W. U. filed exceptions to the Intermediate Report and to the record. On April 27, 1938, pursuant to Article III, Section 10 (c) (2), and Article II, Section 37 (b), of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, the Board issued an order consolidating the above-entitled cases for purposes of decision. THE N. AND G. TAYLOR COMPANY 1165 OnMay 26, 1938, pursuant to notice duly served upon the respond- ent, the I. S. T. W. U., and the Amalgamated, a hearing was held before the Board in Washington, D. C., for the purpose of oral argument. The respondent and the Amalgamated appeared by counsel and presented oral argument to the Board. On February 16, 1940, the Regional Director for the Fifth Region, acting in this behalf as agent for the Board, lodged with the Board a document entitled "Motion and Suggestion for the Record," to- gether with proof of service of a copy thereof upon the respondent, upon the Amalgamated, and upon the I. S. T. W. U., by and through their respective counsel of record. In said document the Regional Director represented to the Board certain facts, hereinafter set forth, and suggested to the Board for the record that by virtue of said facts the allegations of the complaint be dismissed without prejudice and the petition for investigation and certification of representatives be dismissed without prejudice. On March 11, 1940, the Board ordered this document to be filed innstamter as part of the record herein, and further by order, a copy of which was served on or about said date upon the parties and other persons noted in the margin,' granted to the respondent, the I. S. T. W. U., and the Amalgamated, leave to file in writing with the Board on or before March 20, 1940, any objection or objections which they or any of them had by way of opposition to the entry of an order by the Board in accordance with the suggestion of the Regional Director, and to file in writing with the Board within the period any brief or argu- ment in support of such objection or objections. Together with the copy of said order thus served upon the parties and such other persons, a written notice by the Board to each was duly served upon them stating that the Board "may rely upon the material allegations of fact contained in the Motion and Suggestion for the Record which was heretofore filed in the above-entitled cases by the Regional Director, unless, in accordance with the order entered by the,Board in said cases on March 11, 1940, a copy of which is hereby served upon you, and each of you, objections thereto are filed with the Board at Washington, D. C., constituting substantial ground for the Board not doing so." Within the time thus prescribed, the 8 The aforesaid order and notice were served upon the following parties at their present or last known address : The N. & G Taylor Company, Republic Steel Corporation ; Repub- lic Iron, Steel and Tin Workers Union, Incorporated , % The N & G Taylor Company ; Amalgamated Association of Iron, Steel and Tin Workers , Lodge No 1926 , % John T. Jones , Regional Director, Steel Workers Organizing Committee ; Thomas F Veach , attor- ney for the N. & G. Taylor Company , Day, Young & Veach ; Charles Z. Heskett , attorney for the N. & G . Taylor Company ; David W. Sloan , attorney for Republic Iron, Steel and Tin Workers Union, Incorporated; Anthony Wayne Smith , attorney for Amalgamated Association of Iron, Steel and Tin Workers , Lodge No 1926; Lee Pressman , attorney for Amalgamated Association of Iron, Steel and Tin Workers , Lodge No. 1926. 1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Amalgamated filed with the Board its Motion in Opposition to Motion and Suggestion for the Record containing certain objections in opposition to the entry of an order by the Board as suggested by the Regional Director in the Motion and Suggestion for the Record. The Board has considered the objections of the Amalgam- ated and finds that they do not constitute substantial ground for it not proceeding in accordance with the Regional Director's sug- gestion. The Amalgamated's objections are hereby overruled, and its motion is denied. Upon the records in the consolidated cases, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT At the time of,institution of the above cases and at the time of the respective hearings, the respondent was a Maryland corporation en- gaged in the manufacture, sale, and distribution of tin plate and turnplate. It owned and operated a manufacturing plant in Cum- berland, Maryland, and there employed about 410 persons. Approxi- mately 30 per cent of the products manufactured at this plant were regularly shipped from the plant to points of destination in States other than the State of Maryland. The respondent was a wholly owned subsidiary of Republic Steel Corporation, a New Jersey corporation.4 It also is shown by evidence adduced in the complaint case that approximately 90 per cent of the materials used by the respondent in the course of manufacture at the plant were regularly shipped to the plant from outside the State of Maryland, particularly from West Virginia, Pennsylvania, Virginia, Ohio, and New York. These materials included sheet bar, pig tin, terne metal, pig lead, timing flux, coal, cokes, rolling mill rolls, annealing boxes and bottoms, pig iron, palm oil, grease, sulphuric acid, middlings, sawdust, lumber, wood boxes and skids, paper cartons, brass bearings, wire, paper, and paint. This evidence also shows that between January 1 and October 31, 1937, the respondent's business amounted to $1,200,000. We find that at the time the above-entitled cases were respectively begun and at the time of the hearings, the operations and business of the respondent constituted a continuous flo« of trade, traffic, and commerce among the several States, within the meaning of Section 2 (6) of the Act. 4 The nature and extent of the business enterprise of Republic Steel Corporation has been considered by the Board in cases before it THE N. AND G. TAYLOR COMPANY 1167 II. THE ORGANIZATIONS INVOLVED Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge No. 1926, was and is a labor organization, within the meaning of Section 2 (5) of the Act, affiliated with the Committee for Industrial Organization,,' a national labor organization, and with the Steel Workers Organizing Committee, a labor organization. It admitted to its membership at the time of the hearings herein and at all times material prior thereto production workers employed by the respondent, including maintenance employees, but excluding super- visory and clerical employees and watchmen. Republic Iron, Steel and Tin Workers Union, Inc., was at the time of the hearings herein and at all times material prior thereto a labor organization, within the meaning of Section 2 (5) of the Act, admit- ting to its membership employees of the respondent over 18 years of age, exclusive of employees having the authority to hire and discharge. III. THE FACTS ALLEGED BY THE REGIONAL DIRECTOR, AND HEREIN FOUND, IN ABATEMENT OF THE PROCEEDINGS In accordance with the notice of March 11, 1940, described above, the Board, in the exercise of its discretion and for the purpose solely of the order below, has determined to and hereby does rely upon the material allegations of fact contained in the Regional Director's Motion and Suggestion for the Record, as facts established herein. Accordingly, and for such purpose, the Board finds : On December 30, 1937, the respondent was dissolved, pursuant to and in accordance with the laws of the State of Maryland in such cases applicable. In connection with and as a result of the dissolu- tion, all the property and assets of the respondent, including the plant at Cumberland, Maryland, became and have since been the property and assets of its parent company, Republic Steel Corpora- tion, the New Jersey corporation. About February 1938 Republic Steel Corporation shut down the plant at Cumberland, removed cer- tain of the machinery therein located into the State of Ohio, and otherwise terminated the business and operations which the respond- ent had previously there conducted. Since the closing of the plant Republic Steel Corporation has not continued the business and opera- tions previously conducted by the respondent, including that engaged in at the plant, and does not propose within the immediate future to reopen this plant. Since November 1937 the I. S. T. W. U. has ceased all its activities and functions as a labor organization or other- wise and has been abandoned. 5 Now known as the Congress of Industrial Organizations 1168 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD We are of the opinion that under these circumstances the purposes and policy of the Act would not be effectuated by our proceeding further at the present in the above-entitled cases. Accordingly, we shall dismiss these cases, without prejudice. ORDER Upon the basis of the foregoing findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Rela- tions Act, the National Labor Relations Board hereby orders that the allegations of the complaint heretofore issued herein against the respondent, The N. & G. Taylor Company, Cumberland, Maryland, be, and it hereby is, dismissed without prejudice; and it is further ordered that the petition for investigation and certification of repre- sentatives heretofore filed herein, be, and it hereby is, dismissed, without prejudice.