Leach Co.

In the Matter of LEACH COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE `oRKERs. OF AMERICA, LOCAL No. 291 -(CIO) Case No. C-1311 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER June 27,1940 On April, 20,.1940, the National Labor Relations Board, herein called the Board, issued a Decision and Order in this matter.' On June 12, 1940, 'Leach Company, herein called the respondent, and counsel for the Board entered into the following stipulation : STIPULATION - The 'National Labor Relations Board, hereinafter called the Board, having, on April 20, 1940, issued its Order in the above- entitled matter, and it being the desire of. the parties hereto to dispose of the matters involved by mutual. agreement, IT IS HEREBY STIPULATED AND AGREED by. and between the parties hereto : V I The. United States Circuit Court of Appeals for the Seventh Circuit may, upon application of the Board, enter . a Decree modifying the aforesaid Order, of the Board as follows: DECREE The National Labor Relations Board, hereinafter referred to .as the Board, pursuant to the authority conferred upon it by an Act of Congress approved July 5, 1935 (49 Stat. 449; C. 372, 29 U. S. C. A., Sec. 151, et seq.), known as the National Labor Rela- tions Act, having on----------------- 1940, petitioned this Court for the enforcement of a certain order issued by the Board in a proceeding by it against respondent, Leach Company, said pro- ceeding being known upon the records of the Board as Case No. C-1311, the title thereof being "In the Matter of Leach Conte 122 N. L. R. B. 1168. 24 N, L. R. B., No. 113. 1027 , 1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany and International Union, United Automobile Workers of America, Local No. 291 (CIO),," IT IS HEREBY ADJUDGED, ORDERED AND DECREED , by consent of the parties hereto, that the Order of the Board dated April 20, 1940, be and hereby, is modified to read as follows : ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Leach Company, Oshkosh, Wisconsin, and its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in United Automobile Workers of America, Local No. 291, or in any other labor organization of its employees, by discharging, laying off, or refusing to rein- state any of its employees, or in any other manner discriminat- ing in regard to their hire and tenure of employment or any term or condition of their employment; (b) In any other manner interfering with, restraining, or coercing its employees in the, exercise of the right to self- "organization, to form, join, or assist labor organizations, to bar- gain collectively through representatives of their own choosing, or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Pay immediately and directly to each 'of the following seven, employees the sum stated next to his name, such sum being equal to that which he would normally have earned as wages from the date of his discharge to May 1, 1940, less his net earn- ings, and less his receipts for work performed upon work relief projects of the Works Progress Administration, during the said period 1. William Foust___________________ $990.00 2. Frank Curd------------------------------------ 1,355.09, 3. Henry Millard__________________________________ 247.50 4. Robert Millard _________________________________ 198.00 5. Eugene Hetzel__________________________________ 1,434.24 6. Leo C. Miller----------------------------------- 608.87 7. William Beson _________________________________ 1,521.77 LEACH COMPANY 1029 (b) Hold in a special account the total of the sums stated next to the name of each of the following four employees, totalling $3,129.85, each such sum being equal to the amount received by the respective employee for work performed upon work-relief projects of the Works Progress Administration, from the date of his. discharge to May 1, 1940; and pay to the Works Progress Administration the said,-sum of $3,129.85 in the event that the United States Supreme Court shall, in the case of Republic Steel Corporation vs. National Labor Relations Board, or in any other case, rule that the National Labor Relations Board may direct the deduction of monies received for work performed upon govern- mental relief projects, from back pay duly awarded, and the pay- ment of such monies to the appropriate governmental agency; but close the said special account and retain the said $3,129.85 for its own use, in the event that the United States Supreme Court shall, in any such case, rule that the National Labor Relations Board may not so direct : 1. Frank Curd -------------------------------------- $821.40. 2. Henry Millard ___________________________________ 940; 66 3. Robert Millard___________________________________ 484.32 4. Eugene Hetzel---------------------------------- _ 883.47 (c) Post immediately in conspicuous places at its plant, and maintain for a period of at least sixty (60) consecutive days from the day of posting, the following Notice : "To THE EMPLOYEES OF LEACH COMPANY : . "The Leach Company will not engage in the conduct from which it is ordered to cease and desist in the Order of the National Labor Relations Board of April 20, 1940, as follows : "(a) It will not discourage membership in United Automobile Workers of America, Local No. 291,. or in any other. labor organi- zation of its employees, by discharging, laying off, or refusing to reinstate any of its employees, or in any other manner discrimi- nating in regard to their hire and tenure of employment or any term or condition of their employment; "(b) It will not in any other manner interfere with, restrain, or, coerce its employees in the exercise of the right to self-organiza- tion, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, 'or to. engage in concerted activities for the purposes of collective bar- gaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 283035-42-vol. 24--GC 1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD "William Foust, Frank Curd, Henry Millard, Robert Millard, Eugene Hetzel, Leo Miller and William Beson have waived their right_to reinstatement and have been paid the losses incurred by them by reason of their discharge from the employment of this company. "The employees of the Leach Company are free to become or remain members of the United Automobile Workers of America, Local No. 291, or in any other labor organization of its employees. The Company will not discriminate against any employee because of membership or activities in such organizations. "This notice will remain posted for a period of sixty days. "LEACH COMPANY." .(d) Notify the Regional Director for the Twelfth 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 ADJUDGED, ORDERED, AND DECREED, by consent of the parties hereto, that the Board's Order as so modified is hereby affirmed and enforced. - II Respondent hereby waives its right to contest the entry of such Decree by the aforesaid Court, and waives its right to receive notice of the Board's application for the, entry of such Decree. III This Stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such, approval. IV The execution of this Stipulation by the parties thereto and the approval of the Board shall' conclude all matters arising in this proceeding, but shall not preclude the-taking-of any steps necessary to procure the_entry- of the aforesaid Decree in the aforesaid Court. V This Stipulation contains the entire agreement of the parties, and there is no verbal agreement of any kind which varies, alters, or adds to, this Stipulation. . On June 19, 1940, the Board approved said stipulation and ordered it made part of the record-herein. Upon the basis of the above stipulation, the pleadings, and the entire record in the case; and pursuant to Section 10 (c) and (d) of the LEACH COMPANY 1031 National Labor Relations Act, 49 Stat. 449, the National tabor Re- lations Board hereby orders that its Order issued on April 20, 1940, be, and it hereby is, vacated and further orders that a modified order be substituted therefor, to read as follows : ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Re- lations Act, the National Labor Relations, Board hereby orders that the respondent, Leach Company, Oshkosh, Wisconsin, and its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in United Automobile Workers of America, Local No. 291, 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 and tenure of employment or any term or condition of their employment; (b) In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of the right to self-organization, to form, join; or assist labor organizations, to bargain collectively through representatives of their own choosing, or to engage in concerted activities for- the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the.policies of the Act;, (a) Pay immediately and directly to each of the following seven employees the sum stated next to his name, such sum being equal to that which he would normally have earned as wages from the date of his discharge to May 1, 1940, less his net earnings, and less his receipts for work performed upon work relief projects of the Works Progress Administration, during the said period : 1. William Foust ------------------------ I . $990.00 2. Frank Curd ------------------------------------- 1,355.09 3. Henry Millard ---------------------------------- 247.50 4. Robert Millard---------------------------------- 198.00 5. Eugene Hetzel ---------------------------------- 1, 434.24 6. Leo C. Miller- ----------------------------------- 608.87 7. William Beson ---- ------------------------------ 1, 521.77 (b) Hold in a special account the total of the sums stated next to the name of each of the following four employees, totalling $3,129.85, each such sum being-equal to the-amount received by the 1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD respective employee for work performed upon work relief projects of the Works Progress Administration from the date of his dis- charge to May 1, 1940; and pay to the Works Progress Admin- istration the said sum of $3,129.85 in the event that the United States Supreme Court shall, in the case of Republic Steel Corpora- tion vs. National Labor Relations Board, or in any other case, rule that the National Labor Relations Board may direct the deduction of monies received for work performed upon governmental relief projects, from back pay duly awarded, and the payment of such monies to the appropriate governmental agency; but close the said special account and retain the said $3,129.85 for its own use, in the event that the United States Supreme Court shall, in any such, case, rule that the National Labor Relations Board may not so direct: 1. Frank Curd------- ------------------------------ $ 821.40 2. Henry Millard ----------------------------------- 040.66 3. Robert Millard ------------------ ----------------- 484.32 4. Eugene Hetzel ----------------------------------- . 883.47 (c). Post immediately in conspicuous places at its plant, and maintain for a period of at least. sixty (60) consecutive days from the day of posting, the following Notice:. "TO THE EMPLOYEES OF LEACH COMPANY : "The Leach Company will not engage in the conduct from which it is ordered to cease and desist in the Order of the National Labor Relations Board of April 20, 1940, as follows : "(a)' It will not discourage membership in United Automobile Workers of America, Local No. 291, or in any other labor.organi- zation of its employees, by discharging, laying off, or refusing to reinstate any of its employees, or in any other manner discrimi- nating in regard to their hire and tenure of employment or any term or condition of their employment; "(b) It will not in any other manner interfere with, restrain, or coerce its employees in the exercise of the right to self -organiza- tion, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, or to engage in concerted activities for the purposes of collective bar- gaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. "William Foust, Frank Curd, Henry Millard, Robert Millard, Eugene Hetzel,..Leo Miller and William Beson have waived their right to reinstatement and have been. paid the losses incurred by them by reason of their discharge from the employment of this company. LEACH COMPANY 1033 "The employees of the Leach Company are free to become or remain members of the United Automobile Workers of America, Local No.. 291, or in .any other labor organization of its employees. The Company will not discriminate against any employee because of membership or activities in such organizations. "This notice will remain posted for a period of sixty days. LEACH COMPANY." (d) Notify the Regional Director for the Twelfth Region, in writing, within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. Mx. EDWIN S . SMITH took no part in the consideration of the above Order, Vacating Order and Substituting Modified Order.'