The Steel Storage File Co.

In the Matter of THE STEEL STORAGE FILE COMPANY and UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 217, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-1587.-Decided June 15, 1940 Office Steel Storage File Manufacturing Industry-Settlement : stipulation providing for compliance with the Act, including reinstatement of four named employees-Order: entered on stipulation. Mr. Harry L. Lodish, for the Board. Mr. Walter Regenhardt, of Cleveland, Ohio, for the respondent. Mr. Arthur J. Peterson, of Cleveland, Ohio, for the Union. Mr. Richard Johnston, of counsel to the Board. DECISION - AND ORDER STATEMENT OF THE CASE Upon a third amended charge 1 duly filed by United Automobile Workers of America, Local 217, affiliated with the Congress of In- dustrial Organizations, a labor organization herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleveland, Ohio), issued its complaint dated May 3,.1940, against The Steel Storage File Com- pany, Cleveland, Ohio, herein called 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), (3), and (5) and Section 2 (6) and (7) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. Copies of the com- plaint, accompanied by notice of hearing, were duly served upon the respondent and upon the Union.2 With respect to the unfair labor practices the complaint alleged, in substance: (1) that on November 17, 1939; and on numerous occa- sions thereafter, the respondent refused to bargain collectively with 'On December 7, 1939, a charge, on January 8, 1940, an amended charge, and on March 15, a second amended charge were filed by the Union. 2A copy. of the complaint and notice of hearing was also served upon Architectural Metal Workers Union, Local 18267. 24 N. L. R. B., No. 76. 748 THE STEEL STORAGE FILE COMPANY 749' .the Union, in that it refused to recognize the Union as the exclusive bargaining agency of all production and maintenance employees- at its plant in Cleveland, Ohio, -including shipping-room employees ,but excluding supervisory employees, although said employees constitute a unit appropriate for collective bargaining and the Union at all such times has been designated as collective bargaining representative by a majority of the employees in-_ said unit; in that the respondent refused to bargain and negotiate in a bona fide in with the Union as such agency; and in that, while pretending to negotiate with the Union in a bona fide. manner, the respondent embarked on a campaign of intimidation, restraint, and coercion of its employees in. an attempt to undermine the authority of the Union, discourage membership or activity on behalf of the Union, and discourage bar- gaining by the Union on behalf of its employees; (2) that the respondent discharged or laid off James Gebbie on or about Novem- ber 29, 1939, Floyd Cochran on or about December 20; 1939, and Theodore Brown on or about December 20, 1939, and transferred. Paul Shepherd from the day shift to the night shift on or about April 6, 1940, and refused to reinstate or retransfer said employees to their former positions, in violation of Section 8 (3) of the Act; (3) that the respondent engaged and is now engaging "in a continuous plan and course of conduct to interfere with the self `organization of its employees by: (a) urging, warning, and persuading its employees to refrain from becoming or remaining members of the Union; (b) offering raises in pay and/or promotions to employees if they would resign from the Union; (c) visiting employees at their homes, in an effort to discourage membership in or activity on behalf of the Union; (d) keeping under surveillance meetings and meeting places, of the Union; (e) urging employees to form an unaffiliated union and to abandon the Union; (f) threatening to move its plant from Cleveland; (g) intimidating and coercing its employees by making derogatory remarks against the Union and forceably removing union buttons from the employees' clothes; (h) attempting with the aid of intoxicating liquors to create sentiment against the Union and to induce employees to resign therefrom; and (i) other acts; (4) that. the respondent, following a strike of the respondent's employees'on April 13, 1940, engaged and is now engaging in a continuous plan and course of conduct to interfere with its employees. in the exercise of their right to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection, in that it circulated a petition among its employees, caused and encouraged employees to file suit in an effort to enjoin the picketing of its plant,. and committed other acts calculated to cause defections in the ranks of the Union,, demoralize the strikers, and break the strike; and 750 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD (5) by the foregoing acts, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. The complaint further alleged that on April" 13, 1940, as a result of and in protest against the unfair labor prac- tices above-mentioned, the respondent's employees went on strike at its Cleveland . plant and have at all times since been on strike; that the said strike has been prolonged by a continuation of the respond- ent's unfair labor practices, and by the respondent's refusal to abate, cease, or remedy its unfair labor practices. On May 17 the respondent, the Union, and counsel for the Board entered into the following stipulation and agreement in settlement of the case, subject to approval by the Board: IT IS HEREBY STIPULATED AND AGREED by and among The Steel Storage File Company (hereinafter called the respondent) by Walter Regenhardt, President, the United Automobile Workers of America , Local 217, affiliated with the Congress of Industrial 'Organizations (hereinafter called the union ), by its business .agent Arthur Peterson, and Harry L. Lodish, Regional Attorney of the National Labor Relations Board, that: I. Upon a third amended charge duly filed by the union, the National Labor Relations Board, hereinafter called the Board by the Regional Director for the Eighth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Rela- tions Act, 49 Stat. 449 , hereinafter called the Act, and pursuant to Article II, Section 5 and Article IV, Section 1 of the National Labor Relations Board Rules and Regulations , Series 2, as amended, duly issued a Complaint and Notice of Hearing there- on, on May 3, 1940 , against the respondent. H. All parties hereto hereby acknowledge service of such com- plaint, notice of hearing, third amended charge, and copy of the National Labor Relations Board Rules and Regulations, Series 2, as amended. III. The respondent; an Ohio corporation, is now and has continuously been . engaged at its plant located at Cleveland, Ohio, in the manufacture, sale, and distribution of office steel storage files. The respondent in the course and conduct of its business causes and has continuously caused a large part of the raw materials, such as sheet metal and steel strips, used in the manufacture of its products .to be purchased and transported in interstate commerce from and through states of the United States other than the State of Ohio, to its plant at Cleveland, Ohio, and causes and has continuously caused a large part of the products manufactured by it to be sold and transported in inter- THE STEEL STORAGE FILE COMPANY 751 state 'commerce. from its -plant in Cleveland, Ohio, into and through states of the United States other than the State of Ohio. During the year of 1938 the company's total purchases amounted to $33,388.90 of which purchases from outside the State. of Ohio amounted to $14,498.42. During the same year the com- pany's total sales amounted to $115,457.46 of which sales outside the State of Ohio amounted to $75,000.00.. - IV. The respondent is engaged in commerce within the mean- ing of Section 2 (6) of the Act. V. United Automobile Workers of America, Local 217, affili- ated with the Congress of Industrial Organizations, is a labor organization within the meaning of Section 2 (5) of the Act. VI. All parties hereto expressly waive further pleadings, hear- ing, and the making of findings of fact and conclusions. of law by the Board. VII. The Complaint, Notice of Hearing, and the Third Amended Charge may be filed with the Chief Trial Examiner of the National Labor Relations Board,. together with this Stipulation, and shall constitute the record in this case. VIII. This Stipulation is subject to the approval of the National Labor Relations Board and upon this Stipulation being approved by it, the Board may on the record enter an order to the following effect. 1. The respondent, its officers, agents, successors and assigns shall cease and desist from : (a) In any manner interfering with, restraining; or coercing its employees in- the exercise of their right to self-organization, 'to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage. in concerted activities for the purpose of collective bar- ,gaining or other mutual aid or protection, as guaranteed' in 'Section .7 of the National Labor Relations Act : (b) Discouraging membership in the United Automobile Workers of America, Local 217, affiliated with the Congress of Industrial Organizations, or in any other labor- organization of its employees, by discharging, laying off, or refusing to reinstate any of its employees or in any .other manner discriminating in regard to' their hire or tenure of employment or any term or condition of their employment. 2. The respondent, its officers, agents, successors, or assigns shall take the following affirmative action to effectuate the poli- ,ties of the National Labor Relations Act. . (a) Inform all of its officers and agents . together with all others employed in a supervisory capacity that they, shall not in any manner interfere with, restrain, or coerce employees in 752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the exercise of their 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 mu- tual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. (b) Offer to James Gebbie, Floyd Cochran, Theodore Brown, and Paul Shepherd, immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges. (c) Make whole James Gebbie, Floyd Cochran, and Theodore Brown, for any loss of pay they have suffered by reason of the discrimination against them, by payment to the union of $750.00 to.be distributed to them. (d) Upon request bargain collectively with any labor organ- ization that may hereafter be certified by the Board as the exclu- sive bargaining agency for the employees in an 'appropriate bargaining unit. (e) Post immediately in conspicuous places at its plant and maintain for a period 'of at least sixty (60) consecutive days from the date of posting, notices 'to its employees stating : (1) that 'the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this order; - (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a) (b) (c) and (d) of this order; (3) that the respondent's employees are free to become or remain members of the United Automobile Workers of -America, Local 217, affiliated with The Congress of Industrial Organizations and 'the respondent will not discriminate against any employee because of membership or activity in that organization. (f) -Notify the Regional Director for the Eighth Region in writing within ten (10) days from the date of this order, of the steps respondent has taken to comply therewith. IX. It is further stipulated and agreed that any appropriate Circuit Court of Appeals in the United States may upon appli- cation by the Board enter its decree enforcing the order of the Board in the form above set out. The respondent waives its right to contest the entry of any such decree and its right to re- ceive notice of the filing of an application for the entry of such decree. X. This stipulation contains the entire agreement between the parties, there being no agreement of any kind, verbal or other- wise, which varies, alters or adds to this stipulation. XI. This stipulation shall be of no force and effect unless and until approved by the Board. THE STEEL STORAGE FILE COMPANY 753 On May 24 the Board issued an order approving the above stipula- tion and agreement and making it part of the record in the case,' and transferring the case to and continuing it before the Board for the purpose of entry of a decision and order by -the Board pursuant to the provisions of the stipulation and agreement. Upon the above stipulation and. agreement, and upon the entire .record in the. case, the Board makes the following : . FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent is an Ohio corporation with its plant located at Cleveland, Ohio. It is engaged in the manufacture, sale, and distri- bution of office steel storage files. In the regular course of manufac- ture the respondent uses various -raw materials, including sheet metal and steel 'strips, a large part of which are purchased and regularly transported in interstate commerce from and through States of the United States other than the State of Ohio, to the Cleveland plant. The respondent causes and has 'continually caused a large part of the products manufactured by it to be sold and transported in interstate commerce from its Cleveland plant into and through States of the United States other than the State of Ohio. During 1938 .the re- .:spondent's total purchases of raw materials amounted to approxi- mately $33,000, of which approximately $14,000 worth were trans- ported to the Cleveland plant from outside the State of Ohio, and during the same year the respondent's total sales of its products amounted to approximately $115,000, of which $75,000 were sales of products shipped from the plant to points outside the State of Ohio. The respondent admits that it is engaged in commerce, within the meaning of Section 2 (6) of the Act. We find that the above-described operations of the respondent con- stitute a continuous flow of trade, traffic, and ' ommerce among the :several States. II. THE ORGANIZATION INVOLVED' United Automobile Workers of America, Local 217, affiliated with the Congress of Industrial Organizations, is a local of United Auto- mobile Workers of America, a labor organization affiliated with Con- gress of Industrial Organizations. The Union is a labor organization, within the meaning of Section 2 (5) of the Act. ORDER Upon'the basis of the above findings of fact, stipulation and agree- anent, dud' upon the entire record in the case, and pursuant to Section 754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 10 "(c) of the National Labor Relations Act, the National. Labor Relations Board hereby orders that the respondent, The Steel Storage" File Company, Cleveland, Ohio, and its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their 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 activi- ties for the purpose 'of collective bargaining or other mutual aid or protection, as guaranteedin Section 7 of the Act; :(b) Discouraging membership in the United Automobile Workers of America,.Local 217, affiliated with the Congress of Industrial Or ganizations, or in any other labor organization of its employees, by dis- charging, laying off, or refusing to reinstate any of its employees"or, in any other manner discriminating in regard to their hire or tenure of employment or any term or condition of their employment. 2. Take the following affirmative action, to effecutate the policies of the Act (a) Inform all its officers and agents together with all others em ployed in a supervisory capacity that they shall not in any manner interfere with, restrain, or coerce employees in the exercise of their 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 or protection, as guaranteed in Section 7 of the Act*; . .(b) Offer to James Gebbie, Floyd Cochran, Theodore Brown, and Paul'Shepherd, and each of them, immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority 'ahd other rights and privileges; (c) Make whole James Gebbie, Floyd Cochran, and Theodore' Brown, and each of them, for any loss of pay they have suffered by" reason of the discrimination against them, by payment to United Automobile Workers of America, Local 217, of the sum of $750.00, for distribution-to them. (d). Upon request bargain collectively with any labor organization that may hereafter be certified by, the Board as the exclusive bar- gaining agency for the employees in an appropriate bargaining unit; (e) Post immediately in conspicuous places at its' plant in Cleve land, Ohio, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating: (1) that the respondent .will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a).and (b) of this Order;, THE STEEL STORAGE FILE COMPANY 755 (2) that the respondent will take the- affirmative action set `forth in paragraphs 2 (a), (b), (c), and (d) of this Order;,-(3) that the re- spondent's employees are free to become or remain members of United Automobile Workers of America, Local 217, affiliated with the Con- gress of Industrial Organizations, and the respondent will not dis- criminate against any employee because. of membership or activity in that organization; and (f) Notify the Regional Director for the Eighth Region in writing within ten (10) days from the date of this. Order, of the steps the respondent has taken to comply herewith.