Robbins Tire & Rubber Co.

In the Matter of E. S. ROBBINS , DOING BUSINESS As ROBBINS TIRE & RUBBER COMPANY and FEDERAL LOCAL UNION No. 21994, AFFILIATED wITH THE AMERICAN FEDERATION OF LABOR Case No. C-1473.Decided April 30, 1940 Rubber Tire Manufacturing Industry-Settlement : stipulation providing for compliance with the Act , including disestablishment of labor organization as representative of employees-Complaint: dismissed as to allegations of discrimi- nation against two employees and as to allegations of refusal to bargain-Order: entered on stipulation. Mr. Alexander E. Wilson, Jr., and Mr. John C. MoRee, for the Board. Mr. W. H. Mitchell and Mr. Charles A. Poellnitz, Jr., of Florence, Ala., for the respondent. Mr. Stockton Cooke, Jr., of Sheffield, Ala., for the Federal. Mr. Sam E. Roper, of Birmingham, Ala., for the A. F. of L. -Mr: Clopper Almon, of Sheffield, Ala., for the Independent. Mr. Robert F. Koretz, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon--a second amended charge duly filed by Federal Local Union No. 21994, herein called the Federal, affiliated with the American Federation of Labor, herein called the A. F. of L., the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia) issued its complaint dated October 5, 1939, alleging that E. S. Robbins, doing business as Robbins Tire & Rubber Company, Muscle Shoals, Alabama, herein called the respondent, had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.' Copies of 1 The original charge was filed on May 22, 1939; an amended charge on May 29, 1939; and the second amended charge on October 5, 1939. All of the charges were signed "S. E. Roper, Representative, Federal Local Union #21994 (A. F. of L.)." On September 19, 1939 , the National Labor Relations Board ordered that the case arising upon the charges 23 N. L. R B, No. 30. 283034-41-vol. 23-31 469 470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the complaint, of an accompanying notice of hearing thereon, and of an amended notice of hearing were duly served upon the respondent, the Federal, and upon Muscle Shoals Independent Rubber Union, herein called the Independent, a labor organization alleged in the complaint to be dominated by the respondent. With respect to the unfair labor practices, the complaint alleged in substance that : (1) the respondent contributed support to' and dominated and interfered with the formation and administration of the Independent; (2) the respondent, on or about April 29, 1939, discharged P. R. Tippett and Ottis Hargett and thereafter refused to reemploy Tippet and did not reemploy Hargett until on or about, June 9, 1939, because of their membership in and activities in behalf of the Federal and because they engaged in concerted activities for the purposes of collective bargaining and other mutual aid and protection; (3) the respondent, on or about May 11, 1939, and at all times thereafter, failed and refused to bargain collectively with the Federal as the exclusive representative of employees in an appropri- ate bargaining unit composed of all production and maintenance employees, exclusive of truck drivers, shipping employees, and clerical and supervisory employees, although the Federal had been designated representative of a majority of such employees; and (4) by the foregoing acts, and by other acts and conduct, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On November 1, 1939, pursuant to an order issued by the Regional Director extending the respondent's time to answer, the respondent filed an answer admitting certain allegations of the complaint con- cerning the nature and interstate character of his business, but deny- ing that he had engaged in any unfair labor practices.2 Pursuant to the notice of hearing and amended notice of hearing, a hearing was held at Tuscumbia, Alabama, on November 9, 10, 13, 14, and 15, 1939, before William B. Barton, the Trial Examiner duly designated by the Board. The Board, the respondent, the Federal, and the Independent were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. be consolidated with the case arising upon a petition filed on May 22, 1939, by the Federal with the Regional Director which requested an investigation and certification of representa- tives pursuant to Section 9 (c) of the Act . The Board' s order directed that a single record should be made of the hearing upon the petition and upon the charges. Subse- quently, on April 9, 1940 , the Board ordered that the two cases be severed , granted the request of the Federal to withdraw the petition for investigation and certification of representatives , and ordered that the case arising upon said petition be closed. 2 In his answer, the respondent moved to strike as indefinite certain allegations of the complaint. This motion was denied by the Trial Examiner in his Intermediate Report. The ruling is hereby affirmed. E. S. ROBBINS 471 At the opening of the hearing, the Independent filed with the Trial Examiner a motion to intervene which was granted as to the issues within the scope of the alleged violation of Section 8 (2) of the Act. At the conclusion of the Board's case, the Trial Examiner granted without objection a motion by counsel for the Board to conform the pleadings to the proof with respect to immaterial vari- ances in matters such as names and dates. During the course of the hearing the Trial Examiner made other rulings on motions and on objections to the admission of evidence. The rulings are hereby affirmed. Thereafter, the respondent and the Federal filed briefs with the Trial Examiner. On January 18, 1940, the Trial Examiner filed his Intermediate Report, a copy of which was duly served upon the Federal, the Inde- pendent, and the Company. The Trial Examiner found that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce within the meaning of Section 8 (1) and- (2) and Section 2 (6) and (7) of the Act, and recommended that the respondent. cease and desist therefrom, that he withdraw all recognition from and disestablish the Independent as collective bargaining representative, and that he take certain other affirmative action to remedy the unfair labor practices found. The Trial Ex- aminer further recommended that the allegations of the complaint that the respondent had engaged in unfair labor practices within the meaning of Section 8 (3) and (5) of the Act, be dismissed. On January 19, 1940, the Board issued an order transferring the case to and continuing it before the Board. On April 12, 1940, the respondent, the Federal, the Independent, and counsel for the Board entered into a stipulation in settlement of the case, subject to approval by the Board.3 The stipulation provides as follows : STIPULATION Charges and amended charges having been filed with Charles N. Feidelson, Regional Director of the National Labor Relations Board for the Tenth Region, a complaint was issued and served on all parties wherein and whereby it was alleged that E. S. Robbins, doing business as Robbins Tire & Rubber Com- s Prior to entering into said stipulation , the respondent and the Independent, on or about February 7, 1940, filed exceptions to the Intermediate Report and requested the privilege of oral argument before the Board and of filing briefs with the Board ; and the respondent filed a motion to dismiss the case and another motion for leave to take further testimony on the ground that the respondent 's plant was destroyed by fire on December 16, 1939, and is no longer in operation . On February 19, 1940, pursuant to leave granted , the respondent and the Independent filed briefs with the Board . In view of the stipulation entered into by them on April 12, 1940, the exceptions to the Inter- mediate Report , the requests for oral argument , and the motions to dismiss and to take further testimony , are deemed waived. 472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany, respondent herein, had engaged in certain unfair labor practices in violation of Section 8, subsection (1), (2), (3) and (5) of the National Labor Relations Act. Pursuant to notice, a hearing was held at Tuscumbia, Alabama, on November 9, 10, 13, 14 and 15, 1939, before William B. Barton, duly authorized to act as Trial Examiner. At the hearing Muscle Shoals Inde- pendent Rubber Union was allowed to intervene as to the issues within the scope of the alleged violation of Section 8 (2). The Intermediate Report of the Trial Examiner was issued on Jan- uary 16, 1940, and duly served upon all parties thereto on Jan- uary 19, 1940, wherein the Trial Examiner found that the respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (1) and (2) and Sec- tion 2 (6) and (7) of the Act and had not engaged in unfair labor practices within the meaning of Section 8 (3) and (5). Intervener, Muscle Shoals Independent Rubber Union, filed ex- ceptions to the Intermediate Report on February 6, 1940. On February 7, 1940, respondent filed exceptions to the Intermediate Report and a motion for leave to take further testimony on the grounds that respondent's plant was destroyed by fire on Decem- ber 16, 1940, and no longer in operation. Respondent also filed a motion to dismiss on the same grounds as assigned for his motion to take further testimony. It being the intention of the parties to dispose of the matters which have arisen, it is hereby stipulated and agreed, by and among E. S. Robbins, by his attorneys, W. H. Mitchell and Chas. A. Poellnitz, Jr.; Federal Local Union No. 21994, by its attorney Stockton Cooke; Muscle Shoals Independent Rubber Union, by its attorney, Clopper Almon ; and John C. McRee, Attorney, National Labor Relations Board, as follows : I The respondent, E. S. Robbins, is engaged in the manufacture and sale of automobile and truck innertubes and vulcanizing materials in his plant at Muscle Shoals, Alabama, which is oper- ated under the trade name of Robbins Tire & Rubber Company. The principal raw material used in the plant by respondent is rubber. During the year 1938 the rubber used by respondent in his plant was valued at $196,531.82, all of which was imported from foreign countries. Approximately seventy-four (74%) per cent of this rubber was shipped to the. plant by rail or truck lines and twenty-six (26%) percent by respondent's own trucks. Dur- ing the same year respondent produced approximately 875,000 E. S. ROBBI'S X473 innertubes which were sold for approximately $610,739.09. Of these tubes approximately 799,000 valued at approximately $557,341.63 were shipped to states other than Alabama. During the year 1938 the average number of employees in respondent's plant was seventy-seven (77) and the average weekly payroll was $1,946.72. Respondent admits that he is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. II All parties hereto waive all further or other procedure pro- vided by the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board including the making of findings of fact and conclusions of law. III Upon this stipulation, if approved by the National Labor Relations Board, and upon all proceedings heretofore had in this matter and on the record in this case and all the pleadings, an order may forthwith be entered by the said Board which order may be embodied in the consent decree (consent hereto being expressly given) and filed with the United States Circuit Court of Appeals for the appropriate circuit, without further notice of application for enforcement thereof, providing as follows: ORDER The National Labor Relations Board hereby orders that E. S. Robbins, his'agents, successors and assigns, shall : 1. Cease and Desist : (a) From in any manner interfering with, restraining or coercing his 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 purpose of collective bar- gaining or other mutual aid and protection as guaranteed in Section 7 of the Act; (b) In any manner dominating or interfering with the admin- istration of Muscle Shoals Independent Rubber Union or with the formation or administration of any other labor organization of his employees and from contributing support to Muscle Shoals, Independent Rubber Union or to any other labor organization of his employees. 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action which will effectuate the policies of the Act: (a) Withdraw all recognition from Muscle Shoals Independ- ent Rubber Union as representative of any of his employees for the purpose of dealing with the respondent concerning griev- ances, labor disputes, wages, rates of pay, hours of employment or other conditions of work and completely disestablish Muscle Shoals Independent Rubber Union as such representative; (b) Immediately after operations in the plant are resumed post and keep posted in conspicious places throughout the plant for a period of at least sixty (60) consecutive days notices that respondent will cease and desist in the manner aforesaid; (c) Within ten (10) days after operations are resumed in respondent's plant notify the Regional Director of the Tenth Region of the steps respondent has taken to comply herewith. (d) That the complaint be and is hereby dismissed as to the allegations of unfair labor practices within the meaning of Section 8 (3) and (5) of the said National Labor Relations Act. IV It is understood and agreed that the complaint, insofar as it alleges unfair labor practices within the meaning of Section 8 (3) and (5), will be dismissed. V It is understood and agreed that the order to be issued by the National Labor Relations Board is a consent order and there is no admission or finding that the respondent has engaged in any violation of the National Labor Relations Act. VI The entire agreement is contained within the terms of this stipulation and there is no verbal agreement of any kind which varies, alters or adds to this stipulation. VII It is,understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon granting such approval. On April 18, 1940, the Board issued its order approving the stipu- lation and making it a part of the record in the case. E. S. ROBBINS 475 Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, E. S. Robbins, is engaged in the manufacture and sale of automobile and truck innertubes and vulcanizing materials in his plant at Muscle Shoals, Alabama, which is operated under the trade name of Robbins Tire & Rubber Company. During 1938 the respondent used $196,551.82 worth of rubber, the principal raw mate- rial used by the respondent in the manufacture of these products, all of which was imported from foreign countries. In 1938, the respond- ent produced approximately 875,000 innertubes which were sold for approximately $610,739.09. About 799,000 of these innertubes, valued at approximately $557,541.63, were shipped to States other than Alabama. During 1938 the respondent employed an average of 77 persons in his plant; and the respondent's average weekly pay roll was $1,946.72. The respondent admits that he is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations of the respondent con- stitute a continuous flow of trade, traffic, and commerce among the several States and between the United States and foreign countries. ORDER Upon the basis of the above findings of fact, stipulation, 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 or- ders that E. S. Robbins, doing business as Robbins Tire & Rubber Company, Muscle Shoals, Alabama, and his officers, agents, successors, and assigns, shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing his employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection as guaranteed in Section 7 of the Act; (b) In any manner dominating or interfering with the administra- tion of Muscle Shoals Independent Rubber Union or with the forma- tion or administration of any other labor organization of his em- ployees and from contributing support to Muscle Shoals Independent Rubber Union or to any other labor organization of his employees. 476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action which will effectuate the policies of the Act : (a) Withdraw all recognition from Muscle Shoals Independent Rubber Union as representative of any of his employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of work and completely disestablish Muscle Shoals Independent Rubber Union as such representative; (b) Immediately after operations in the plant are resumed post and keep posted in conspicious places throughout the plant for a period of at least sixty (60) consecutive days notices that the respondent will cease and desist in the manner aforesaid; (c) Within ten (10) days after operations are resumed in the re- spondent's plant notify the Regional Director for the Tenth Region of the steps the respondent has taken to comply herewith. AND IT Is FURTHER ORDERED that the complaint be, and it hereby is, dismissed in so far as it alleges that the respondent engaged in unfair labor practices within the meaning of Section 8 (3) and (5) of the Act.