Jacobs Manufacturing Co.

In the Matter of E. P . JACOBS, MRS. ANNA D. HARRIS, AND MRS. FLETCHER BENHAM, DOING BUSINESS AS JACOBS MANUFACTURING COMPANY and LOCAL UNION No. 48, STOVE MOUNTERS INTERNATIONAL UNION, AFFILIATED WITH THE A. F. of L. Case No. C-1549-Decided May 9,1940 Stove Manufacturing Industry-Settlement : stipulation providing for com- pliance with the Act, including reinstatement with back pay in specified amount as to one employee-Order: entered on stipulation. Mr. Alexander E. Wilson, Jr., for the Board. Mr. A. A. Kelly, of South Pittsburg, Tenn., for the respondents. Mr. Herbert G. B. King, of Chattanooga, Tenn., for the Union. Mr. J. H. Krug, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Stove Mounters International Union, Local No. 48, affiliated with the American Federation of Labor,' herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint dated January 5, 1940, against E. P. Jacobs, Mrs. Anna D. Harris, and Mrs. Fletcher Benham, a co-partnership doing business as Jacobs Manufacturing Company, herein called the respondents, alleging that the respondents had engaged in and were engaging in unf air labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by notice of hearing, were duly served upon the respondents and upon the Union. Thereafter notices of postponement of hearing were duly served upon the respondents and the Union. 'It appears from the record that this Is the correct name of the labor organization, %Nhich is designated in the charge as "Local Union , No 48, Stove Mounters International Union, affiliated with American Federation of Labor." 23 N. L. R. B., No. 64. 693 283034-41-vol. 23--45 694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Concerning the unfair labor practices, the complaint. alleged (1) that the respondents discriminatorily discharged Marvin W. Hog- wood and thereafter refused to employ him because of his member- ship in the Union and because he engaged with other employees in concerted activities in behalf of the Union for the purposes of col- lective bargaining and other mutual aid and protection; and (2) that by the foregoing acts, by advising, urging, and warning its employees to refrain from joining the Union, by threatening its em- ployees with discharge and discrimination for joining the Union or engaging in activities therewith, by warning employees against membership in and activities in behalf of the Union, and by other acts, the respondents interfered with, restrained, and coerced its employees in the exercise of. the rights guaranteed in Section 7 of the Act. Thereafter, the respondents, the Union, and counsel for the Board entered into a stipulation, dated April 4, 1940, in settlement of the case, subject to the approval of the Board. This stipulation provides as follows : It is hereby agreed by and between E. P. Jacobs, Mrs. Anna D. Harris, and Mrs. Fletcher Benham, hereinafter referred to as the respondents, A. A. Kelly, their attorney of record, and the Stove Mounters International Union, Local No. 48, hereinafter called the union; and Alexander E. Wilson, Jr., attorney for the Tenth Region of the National Labor Relations Board : 1. That the respondents, E. P. Jacobs, Mrs Anna D. Harris, and Mrs. Fletcher Benham, compose a partnership doing busi- ness under the style and firm name of Jacobs Manufacturing Company and have their principal place of business in the City of Bridgeport, Alabama. The respondents are now and continu- ously have been for many years, engaged in the manufacture, sale and distribution of stoves, ranges and heaters. The raw materi- als used by the respondents in the course and conduct of their business and in the operation of their plant are now, and have been as follows : pig iron, sheet steel, coal, coke, hardware trimmings, etc. The approximate total cost of raw materials during the period from August 15, 1937, to August 15, 1938, inclusive, amounts to $190,000. During this period, the respondents purchased 60 per cent of their raw materials, valued at $115,000, in states other than the State of Alabama, and 40 per cent of their raw materials, valued at $75,000, from points within the State of Alabama. The respondent during the said period sold and shipped as finished products 42,000 units valued at $500,000. Of these finished products, 94 per cent, valued at approximately $470,000, was sold and shipped to states JACOBS MANUFACTURING COMPANY 695 other than the State of Alabama, and 6 per cent, valued at ap- proximately $30,000, was sold and shipped within the State of Alabama. The business of the company as of the present date is substantially the same as that for the period from August 15, 1937, to August 15, 1938, inclusive. The respondents employ approximately 201 persons, of whom ten are classified as super- visors or clerks; 127 as moulders, and 64 as mounters. The re- spondents admit that they are engaged in interstate commerce within the meaning of the National Labor Relations Act (49 Stat. 449) hereinafter called the Act. It is further stipulated that the Stove Mounters International Union, Local No. 48, affiliated with' the American Federation of Labor, is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. 2. The parties hereby waive "all further or other procedure, provided by the National Labor Relations Act and agree that upon the pleadings and upon this stipulation, the National Labor Relations Board may issue an order requiring the respondents, their officers, agents, successors , or assigns, to : 1. Cease and desist front : (a) In any manner interfering with, restraining or coercing their employees in the exercise-of their rights 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 purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. (b) Discouraging membership in the Stove Mounters Inter- national Union No. 48, or any other labor organization of its employees, or discriminating against employees in regard to hire or tenure of employment, or in any other manner. 2. Take the following affirmative action : (a) Offer to Marvin W. Hogwood immediate employment as Foreman in the Stove Mounting -Department of the company. (b) Make whole Marvin Hogwood for any loss of pay which he may have suffered, by payment to him of the sum of $200.00. (c) Post notices in each department of respondent's plant, for a period of 60 days from the date of this order of the National Labor Relations Board herein, stating that the respondents will cease and desist in the manner aforesaid. (d) Notify the Regional Director of the Tenth Region of compliance of the foregoing order within ten days of the date of the Board's Order. 696 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. The parties hereby consent to the entry by the United'States Circuit Court of Appeals for the appropriate circuit, upon application by the Board, of a decree, enforcing the order of the National Labor Relations Board, and the parties waive fur- ther notice of application therefor by the National Labor Rela- tions Board and any other proceedings provided by the National Labor Relations Act. 4. It is understood and agreed that the entire agreement of the parties hereto is contained within the terms of the stipulation herein, and that there is no verbal agreement of any kind which varies, alters or adds to this stipulation. 5. It is further understood that this stipulation is subject to the approvals of the National Labor Relations Board and upon approval by the Board, this stipulation, together with the com- plaint and charges herein, be filled with the Chief Trial Exam- iner of the National Labor Relations Board at Washington, D. C., as a formal record herein. On April 23, 1940, the Board issued an order approving the above stipulation, making it a part of the record in the case and trans- ferring the proceeding to the Board for the purpose of entry of a ,decision and order pursuant to the provisions of the stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS The respondents, E. P. Jacobs, Mrs. Anna D. Harris, and Mrs. Fletcher Benham, doing business as co-partners under the firm name and style of Jacobs Manufacturing Company, with their principal place of business in Bridgeport, Alabama, are engaged in the manu- facture, sale, and distribution of stoves, ranges, and heaters. The raw materials used by the respondents in the course and con- duct of their business and in the operation of their plant are pig iron, sheet steel, coal, coke, and hardware trimmings. During the period from August 15, 1937, to August 15, 1938, inclusive, the respondents purchased raw materials at an approximate total cost of $190,000, 60 per cent of which, valued at $115,000, were purchased in States other than the State of Alabama. During the same period the respondents sold and shipped 42,000 units of finished products valued at $500,000, 94 per cent of which, valued at approximately $470,000, were sold and shipped to States other than the State of Alabama. The business of JACOBS MANUFACTURING COMPANY 697 the respondents as of the present date is substantially the same as that for the above period. The respondents employ approximately 200 persons. We find that the respondents are engaged in trade, traffic, and commerce among the several States, and that the activities of the respondents alleged in the complaint, occurring in connection with the operations of the respondents described above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead- to labor disputes burdening and obstructing commerce and the free flow of commerce. II. THE ORGANIZATION INVOLVED Stove Mounters International Union, Local No. 48, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2 (5) of the Act. ORDER Upon the basis of the above findings of fact, the above 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 orders that the respondents, E. P. Jacobs, Mrs. Anna D. Harris, and Mrs. Fletcher Benham, individuals doing business as copartners under the firm name and style of Jacobs Manufacturing Company, Bridgeport, Alabama, their officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing their employees in the exercise of their rights 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 purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in Stove Mounters International Union, Local No. 48, affiliated with the American Federation of Labor, or any other labor organization of their employees, or discriminating against employees in regard to hire or tenure of employment, or in any other manner. 2. Take the following affirmative action : (a) Offer to Marvin W. Hogwood immediate employment as fore- man in the Stove Mounting Department of their plant; 698 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Make whole Marvin W. Hogwood for any loss of pay which he may have suffered, by payment to him of the sum of $200.00; (c) Post notices in each department of their plant, for a period of 60 days from the date of this Order, stating that the respondents will cease and desist in the manner aforesaid; (d) Notify the Regional Director for the Tenth Region in writing within ten (10) days from the date of this Order what steps the respondents have taken to comply herewith.