Thermoid Co.

In the Matter of THERATOID COMPANY . and UNITED RUBBER WORKERS OF AMERICA, LOCAL 83, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS and FEDERATED INDUSTRIAL UNION, PARTY TO THE CONTRACT Case. No. C-1580.-Decided May 81, 1940 Industrial Rubber Products Manufacturing Industry-Settlement : stipulation providing for compliance with the Act, including reinstatement of some employ- ees and back pay to others-Order: entered on stipulation. Mr. Geoffrey J. Cunniff, for the Board. Mr. Harry L. Tepper and Mr. Bernard Verney, of Newark, N. J., and Mr. Ellis L. Pierson, of- Trenton, N. J., for the respondent. Mr. Samuel L. Rotitbard,. of Newark, N. J., for the United. Mr. Herbert J. Schiffhauer, of Buffalo, N. Y.,. for the Federated. Miss Marcia Hertzmarle, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Rubber Workers of America, Local 83, affiliated with the Congress of Indus- trial Organizations, herein called the United, the National Labor. Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its com- plaint dated March 12, 1940, against Thermoid Company, Trenton, New Jersey, herein called the respondent, and Federated Industrial Union, herein called the Federated, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hear- ing thereon were duly served upon the respondent, upon the United,. and upon the Federated. Concerning the unfair labor practices, the complaint alleged, in substance, (1) that since about December 1936 the respondent urged,. 24 N. L. R. B., No. 11. 232 THERMOID COMPANY. .233 persuaded, and suggested that its employees withdraw from member- ship in the United; circulated letters and other, literature to its em- ployees and inserted advertisements in newspapers which were derog- atory to the United; and made intimidatory anti-union statements and speeches to its employees; (2) that in or about July 1937 the respondent conducted an election among the carpet-department em- ployees, without the consent of the United; and in or about February 1938, conducted an election in its plant among all its employees in the unit, without the consent of the United, at a time when a repre- sentation proceeding- involving the respondent and the United was pending before the Board; (3) that the respondent increased the number of employees in its carpet department so as to decrease the amount of available work and thereby discourage membership and activity in the United; (4) that since about September 1938 the re- spondent refused to bargain collectively with the United as the duly authorized representative of its employees ' within an appropriate unit; urged representatives on the negotiating committee of the United who were in its employ to meet with it for purposes of col- lective bargaining to the exclusion of the International representa- tives of the United; invited individual conferences with its employ- ees on wages, hours, and other conditions of employment; and that in about March 1939 and during the period of negotiations the re- spondent held an election in its plant, without the consent of the United, to determine the position of its employees on demands made by the United; (5) that the respondent recognized, negotiated, and ,,on or about July 10, 1939, executed a contract with the Federated covering wages, hours, and conditions of work at a. time when the United, as exclusive representative of the employees, sought to bar- gain collectively with the respondent; and (6) that on or about March 4, 1938, the respondent terminated' the employment of Elsie Naylor because of` the activities of her husband, Albert S. Naylor, on behalf of.the United; on or about March 7, 1938, terminated the employment of Frederick Olessi, on or about March 8, 1938, termi- nated the employment of Joseph Faggella, and on or about April 3; 1939, terminated the employment of Joseph Orlandi, because of their membership and activities in behalf of the United. On March 22, 1940, the Federated filed an answer to certain para- graphs of the complaint, denying that the United was the exclusive representative of the respondent's _ employees within the appropriate unit when the respondent entered into a contract with the Federated on July 10, 1938, and setting forth affirmatively its right to negoti- ate with the respondent on that date. The respondent thereafter filed its answer, dated April 2, 1940, denying the .commission of the unfair labor practices alleged in the complaint. 234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to notice, a hearing was held from April 8 through 23, 1940, at Trenton, New Jersey, and on April 24 and 26, 1940, at Phila- delphia, Pennsylvania, before Martin Raphael, the Trial Examiner duly designated by the Board. The respondent, the United, the Federated, and the Board were represented by counsel and partici- pated in the hearing. On April 26, 1940, the respondent, the United, the Federated, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION 1. It appearing that further proceedings in the above-entitled matter would necessitate additional hearings extending over a. long period of time, involving large expenditure of time and money, the parties hereto in amicably adjusting the issues that have arisen are motivated by a desire to conserve time and ex- pense, and at the same time to promote good will and harmoni- ous relationship between management and employees. Further, it is distinctly understood that the contract, to which the Re- spondent and the Federated Industrial Union are parties, dated July 10, 1939, is terminated by mutual consent of the. parties thereto, and the Respondent, pursuant to agreement with the United Rubber Workers of America, Local 83, and the Federated Industrial Union, will not recognize, deal with, bargain collec- tively with or enter into any contractual relations with either labor organization until such organization is first certified to it as the sole collective bargaining agency by the National Labor Relations Board, pursuant to an election conducted by said Board. .II. It being further understood and agreed that the entering of the Respondent into this stipulation shall not be taken or considered as an admission that it has committed unfair labor practices within the meaning of the National Labor Relations Act, it is hereby stipulated and agreed by and between Ther- moid Company, hereinafter referred to as the Respondent; United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organizations,. hereinafter referred to as the United; FederatediIndustrial Union, Party to the Con- tract, hereinafter referred to as the Federated; and Geoffrey J. Cunniff, attorney for the National Labor Relations Board, that : a. Upon charges duly filed by the United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organizations; the National Labor Relations Board by the Re- gional Director for the Fourth Region, acting pursuant to au- THERMOID COMPANY 235 thority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, and its Rules and Regulations, Series 2, Article 4, Section 1, issued its Complaint on the 12th day of March 1940, against the Thermoid Company, Respondent herein; b. The taking of further testimony or evidence before the Examiner in the. matter concerning the charge and amended charges and allegations in the complaint relating to the Respond- ent's Trenton, New Jersey, plant and employees therein, or the making of findings of facts and conclusions by the Board pur- suant to the provisions of the National Labor Relations Act are hereby expressly waived by the parties; III. Upon this stipulation, if approved by the National Labor Relations Board, and upon the pleadings and the. stipulation on commerce marked "Board Exhibit 3," an order may forth- with be entered by said Board and a decree by the appropriate U. S. Circuit Court of Appeals, based upon said order, providing as follows : 1. The respondent, Thermoid Company, and its officers, agents, successors, and assigns shall not: (a) Interfere with, restrain, or coerce its employees in the exercise of their rights 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 purposes of collective bargaining or other mu- tual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discourage rneinbership in the United or any labor or- ganization of its employees, by discriminating against employees in regard to hire or tenure of employment or of any condition of employment, or in any other manner. 2. The Respondent, Thermoid Company, and its officers, agents, successors, and assigns shall take the following affirmative action which the Board finds will effectuate the policies of the Act. (a) Offer to Joseph Fagella full and immediate reinstate- ment to his former position without prejudice to his seniority rights or other rights and privileges previously enjoyed by him; offer to Elsie Naylor immediate employment in the finished stores department without prejudice to seniority rights or any other rights and privileges previously enjoyed by her; pay immediately to Joseph Orlandi the sum of $750, which amount is in full settlement for loss of pay, it being agreed that said Joseph Orlandi shall not be reinstated to his former position. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Refrain from giving effect to, renewing or reinstating the contract between the Respondent and the Federated Industrial Union dated July 10, 1939. (c) Post and keep visible in prominent places on each of the bulletin boards of the Respondent's Trenton plant for a period of thirty (30) days copies of the following notice: NOTICE In the stipulation entered into terminating the recent pro- ceedings before the National Labor Relations Board based upon charges of the United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organizations, the Company stated its policy of recognizing, among other things, the provisions of Sections 7 and 8 (1) and (3) of the National Labor Relations Act and hereby posts this bulletin containing the following statement of the Company's policy : The Thermoid Company recognizes and will continue to recognize its obligation not to interfere with or restrain or coerce or discriminate against its 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 provided for by Section 7 of the National Labor Relations Act. (d) Notify the Regional Director for the Fourth Region in writing of compliance with the foregoing order within ten (10) days from the date of the order what steps the Respondent has taken to comply therewith. IV. It is further stipulated and agreed that the complaint be dismissed insofar as it alleges that the Respondent discrim- inated with regard to the hire and tenure of employment of Frederick Olessi. V. It is further stipulated and agreed that the complaint be dismissed insofar as it alleges that the Respondent failed to bargain collectively with the United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organizations as the representative of the employees in the appropriate unit on matters of wages, hours, and conditions of employment. VI. It is further stipulated and agreed that the complaint be dismissed insofar as it alleges that the Respondent increased the number of employees in its Carpet Department so as to THERMOID COMPANY 237 decrease the amount of available work for employees therein, in order, inter alia, to discourage their activities and member- ship in the United for their mutual benefit and protection. VII. It is further stipulated that nothing in this stipulation shall prevent any individual employee or a group of employees from presenting grievances at any time to their employer. VIII. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. IX. Although a certain agreement has been executed by the Respondent and the United and the Federated simultaneously with the execution of this stipulation, nevertheless, this stipu- lation contains the entire agreement of all of the parties to which the agent of the National Labor Relations Board is a party and there is no verbal agreement of any kind which varies; alters, or modifies this stipulation. On May 10, 1940, the respondent, the United, the Federated, and counsel for the Board entered into a supplemental stipulation which provides as follows : SUPPLEMENTAL STIPULATION A stipulation having been entered into on April 26, 1940, by and between Thermoid Company ; United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organizations; Federated Industrial Union; and Geoffrey J. Cunniff, attorney for the National Labor Relations Board, in the above-entitled matter, it is now further stipulated by and between the same parties, that : I. Paragraph II (a) of the said original stipulation is hereby amended so as to read: Upon charges duly filed by the United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organizations, the National Labor Relations Board by the Re- gional Director for the Fourth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Rela- tions Act, 49 Stat. 449, and its Rules and Regulations, Series 2, as amended, Article IV, Section 1, issued. its Complaint on the 12th day of March, 1940, against the Thermoid Company, Re- spondent herein; II. Paragraph III. 2. of the said original stipulation is hereby amended so as to read: The Respondent, Thermoid Company, and its officers, agents; successors, and assigns shall take the following affirmative action which will effectuate the policies of the Act: 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. Paragraph III. 2. (a) of the said original stipulation is hereby amended so as to read : Offer to Joseph Fagella full and immediate reinstatement to his former position without prejudice to his seniority rights or other rights and privileges previously enjoyed by him; offer to Elsie Naylor immediate employment in the finished stores de- partment without prejudice to seniority rights or any other rights and privileges previously enjoyed by her, pay immedi- ately to Joseph Orlandi the sum of $750.00. IV. Paragraph III. 2. (c) of the said original stipulation is hereby amended so as to read : Post and keep visible in prominent places on each of the bul- letin boards of the Respondent's Trenton plant, for a period of thirty (30) days, copies of the following notice: NOTICE In the stipulation entered into for the purpose of terminating the recent hearing before the National Labor Relations Board based upon charges of the United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organiza- tions, the Company stated its policy of recognizing, . among other things, the provisions of Sections 7 and 8 (1) and (3) of the National Labor Relations Act and hereby posts this bulletin containing the following statement of the Company's policy : The Thermoid Company recognizes and will continue to rec- ognize its obligation not to interfere with or restrain or coerce or discriminate against its employees in the exercise of their rights to self-organization, to form, join, or assist labor organ- izations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the pur- pose of collective bargaining or other mutual aid or protection, as provided for by Section 7 of the National Labor Relations Act. V. The said original stipulation is hereby further amended by inserting after paragraph VI the following : VI A. It is further stipulated and agreed that the sum of $750.00 which is to be paid to Joseph Orlandi, as set forth in paragraph III. 2. (a), is in full settlement for loss of pay, it being agreed that said Joseph Orlandi shall not be reinstated to his former position, and that the offer to reinstate Joseph Fagella and Elsie Naylor shall not require the Respondent to make any payment for loss of pay. On May 20, 1940, the Board issued its order approving the above stipulation and supplemental stipulation, making them part of the THERMOID COMPANY 239 record in the case, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the. Board pursuant to the provisions of the stipulation and supplemental stipulation. Upon the above stipulation, supplemental stipulation , and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Thermoid Company , a Delaware corporation with its principal place of business in Trenton, New Jersey, is engaged in the manufac- ture, sale, and distribution of brake lining, fan belts, clutch facings, radiator hose, auto carpet, bath mats, and industrial rubber products. It maintains branch offices in Detroit, Michigan; Chicago, Illinois; San Francisco , California ; Atlanta, Georgia ; Los Angeles , California; Dallas, Texas; and Toronto; Canada. The Southern Asbestos Com- pany, located in Charlotte , North Carolina , is a subsidiary of the respondent. We are only .concerned here with the respondent's opera- tions at Trenton, New Jersey. The principal raw.materials used by the respondent are asbestos, cotton, jute, rubber, wool, and various inorganic compound ingredients. Approximately 90 per cent of such raw materials are obtained from points outside of the State of New Jersey. The value of the raw mate- rials in 1939 was $2,329,596 .00. -Approximately 95 per cent of the finished products produced by the respondent are shipped to points -outside the State of New Jersey. In 1939 the value of such finished products was $4,149 ,945.00. The respondent admits that it is subject to the jurisdiction of the Board. We find that the above-described operations constitute a continuous flow of trade , traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, stipulation , supple- mental 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 Thermoid Company, Trenton, New Jersey, its officers, agents, successors, and assigns : 1.1 Shall not : (a) Interfere with, restrain , or coerce its 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 purposes 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of collective bargaining or other mutual aid or protection, as guaran- teed in Section 7 of the National Labor Relations Act; (b) Discourage membership in the United or any labor organiza- tion of its employees, by discriminating against employees in regard to hire or tenure of employment or of any condition of employment,, or in any other manner. 2. Shall take the following affirmative action which will effectuate the policies of the Act : (a) Offer to Joseph Fagella full and immediate reinstatement to his former position without prejudice to his seniority rights or other rights. and privileges previously enjoyed by him ; offer to Elsie Naylor immediate employment in the finished stores department without prej- udice to seniority rights or any other rights and privileges previously enjoyed by her; pay immediately to Joseph Orlandi the sum of $750.00; (b) Refrain from giving effect to, renewing or reinstating the con- tract between the respondent and the Federated Industrial Union dated July 10, 1939; (c) Post and keep visible in prominent places on each of the bulletin boards of the respondent's Trenton plant, for a period of thirty (30) days, copies of the following notice : NOTICE In the stipulation entered into for the purpose of terminating the recent hearing before the National Labor Relations Board based upon charges of the United Rubber Workers of America, Local 83, affiliated with the Congress of Industrial Organizations, the Company stated its policy of recognizing, among other things, the provisions of Sections 7 and 8 (1) and (3) of the National Labor Relations Act and hereby posts this bulletin containing the following statement of the Company's policy : The Thermoid Company recognizes and will continue to recog- nize its obligation not to interfere with or restrain or coerce or discriminate against its 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 pro- vided for by Section 7 of the National Labor Relations Act. (d) Notify the Regional Director for the Fourth Region in writing within ten (10) days from the date of this order what steps the respondent has taken to comply herewith. IT IS FURTHER ORDERED that the complaint, in so far as it alleges that the respondent discriminated with regard to the hire and tenure of employment of Frederick Olessi, be, and it hereby is, dismissed. TBERMOID COMPANY 241 IT IS FURTHER ORDERED that the complaint, in so far as it alleges that the respondent engaged in an unfair labor practice within the meaning of Section 8 (5) of the Act, be, and it hereby is, dismissed. AND IT IS FURTHER ORDERED that the complaint , in so far as it alleges that the respondent increased the number of employees in its carpet department so as to decrease the amount of available work for em- ployees therein, in order, inter alia, to discourage their activities and membership in the United for their mutual benefit and protection, be, and it hereby is, dismissed.