Johnsons' Spring Co., Inc.

In the Matter of JOHNSONS' SPRING COMPANY, INC. and ANALGAD- ATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, AFFILIATED WITH THE C. I. O. Case No. C-1618.-Decided July 8, 1940 Jurisdiction : mattress springs and upholstered ' furniture springs manufactur- ing industry. Settlement : stipulation providing for compliance with the Act. Remedial Order: entered on stipulation. Mr. John C. McRee, for the Board. Mr. R. R. Kramer, of Knoxville, Tenn., and Mr. J. D. Hale, of Jefferson City, Tenn., for the respondent. Mr. 0. S. Baxter, of Chattanooga, Tenn., for the Union. Miss Marcia Hertomark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Amalgamated Association of Iron, Steel & Tin Workers of North America, 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 May 2, 1940, against Johnsons' Spring Company, Inc.," Jefferson City, Tennessee, herein called the respondent, alleging that the respondent had engaged in and was en- gaging in unfair labor practices affecting commerce Within the mean- ing 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 and notices of hearing were duly served upon the respondent and the Union. Concerning the -unfair labor practices, the complaint alleged, in substance, (1) that the respondent had, at various times since No- vember 15, 1939, committed, authorized, instigated, and acquiesced in the following acts and conduct: (a) assembling employees during " Incorrectly designated in the complaint as Johnson Spring Company, Inc. 25 N. L . R. B., No. 24. 228 JOHNSONS' SPRING COMPANY 229 working hours and advising them that a union was not wanted or necessary and that the C. I. O. would not be tolerated in Jefferson City; (b) advising its employees to withdraw from the Union or to refuse to become affiliated with it; (c) ordering O. S. Baxter, the Union's rerresentative, to leave town and otherwise assailing him and the Union; (d) aiding and abetting the abduction, beating, threats of drowning and/or killing, other physical violence, and the unlawful detention of and the unwarranted search and seizure of personal property committed against the person of O. S. Baxter; (e) circu- lating a petition designed to persuade its employees to withdraw from or refuse to become members of the Union; and (2) that the re- spondent, on or about November 27, 1939, discharged and/or laid off Walter F. Marks and Lloyd Lee Walker and refused to reemploy them for the reason that they joined and assisted the Union and engaged in concerted activities with other employees for the pur- poses of collective bargaining and other mutual aid and protection. On May 15, 1940, the respondent filed an answer, denying the commission of the unfair labor practices alleged in the complaint. Pursuant to notice, a hearing was held on June 6, 7, and 10, 1940, at Knoxville, Tennessee, before Henry J. Kent, the Trial Examiner duly designated by the Board. The respondent, the Union, and the Board were represented by counsel and participated in the hearing. On June 10, 1940, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This sitipu- lation provides as follows : Charges and amended charges having been filed with Charles N. Feidelson, Regional Director, National Labor Relations Board, Tenth Region, complaint was issued and served on all parties wherein and whereby it was alleged that the respondent engaged in unfair labor practices in violation of Section 8, sub- sections (1) and (3) of the National Labor Relations Act (49 Stat. 449) pursuant to notice a hearing was held at Knoxville, Tennessee on June 6. 7 and 10, 1940, before Henry J. Kent, duly authorized to act as Trial Examiner. It being the intention of the parties to dispose of the matters which have arisen, it is hereby stipulated and agreed by and among Johnson's' Spring Company, Inc. (hereinafter called the respondent) by its attorneys, R. R. Kramer and J. D. Hale; the Amalgamated Association of Iron, Steel & Tin Workers of North America, (hereinafter called the union) by its repre- sentative, O. S. Baxter;' and by John, C. McRee, attorney for the National Labor Relations Board, as follows : 283016-42-vol 25--16 230 I Johnsons' Spring Company, Inc., is ' a corporation organized and existing under the laws of the State of Tennessee, having its principal office and place of business in Jefferson City, in the County of Jefferson, State of Tennessee. It is engaged in the manufacture, sale and distribution of mattress springs and upholstered furniture springs. The principal raw materials used by respondent are wire, hoop steel, burlap,, sisal padding and lumber. The approximate value of the raw materials used during the year 1939 is One Hundred and Twenty-five Thousand Dollars ($125,000), 90 per cent of which was obtained from states other than the State of Tennessee. During the same year the plant's products were valued at approximately Two Hundred and Twenty-five Thousand Dollars ($225,000), of which about 45 per cent was sold and shipped to states other than the State of Tennessee. The average number of employees in respondent's' plant was one hundred and five (105). Respondent admits for the purpose of this proceeding that it is engaged in interstate Rcommerce within the meaning of Section 2, sub-sections (6) and (7) of said National Labor Relations Act. II The respondent, Johnsons' Spring Company, Inc., waives all further and other procedure provided 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 Respondent agrees to make whole Walter F. Marks and Lloyd Lee Walker by paying to them Two Hundred Eighty-one and 40/100 Dollars ($281.40) and Two Hundred Fifty-six and 20/100 Dollars ($256.20), respectively. It is understood and agreed that the payment of these sums is in full satisfaction of any and ',all claims that said Walter F. Marks and Lloyd Lee Walker may have because of any matter set forth in the complaint in this proceeding.- DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV On the basis of the facts stipulated in paragraph I above, -the pleadings heretofore filed, this stipulation, and by agree; ,rnent of the parties hereto. the National Labor Relations Board JOHNSONS' SPRING COMPANY 231 may enter its order in the following form in the above entitled case: ORDER The National Labor ]Relations Board hereby orders that Johnsons' Spring Company, Inc., its officers, agents, successors and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in Amalgamated Association of Iron, Steel & Tin Workers of North America, affiliated with the C. I. 0. or any other labor organization of its employees by laying off, discharging, refusing to reinstate or in any other manner discriminating in regard to the hire or tenure of em- ployment of its employees because of membership or activity in connection with any such labor organization; (b) In any manner interfering with, restraining or coercing its employees in the exert-.se of the rights of its employees to self-organization, to form, join or assist labor organizations to bargain collectively through representatives ,of their own choos- ing 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. 2. Take the following affirmative action : (a) Make whole Walter F. Marks and Lloyd Lee Walker for the loss of pay they have suffered by being discharged by pay- ment to them -of the sum of Two Hundred Eighty-one and 40/100 ($281.40) Dollars and Two Hundred Fifty-six and 20/100 ($256.20 ) Dollars, respectively; (b) 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) and (b) of this order ; (c) Notify the Regional Director of the Tenth Region in writing within ten (10) days from the date of this order of the steps respondent has taken to comply herewith. V The respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit. 232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD upon application of the Board of a consent decree enforcing an order of the Board in the form hereinabove 2 set forth, and hereby waives further notice of the application for such decree. VI It is understood and agreed that this stipulation embodies the entire agreement between the parties and there is no verbal agreement of any kind which varies, alters or adds to this stipulation. VII It is understood and agreed further that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice .'ranting such approval. On June 17, 1940, the Board issued its 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 by the Board 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 RESPONDENT Johnsons' Spring Company, Inc., a Tennessee corporation with its principal office and place of business in Jefferson City, Tennessee, is engaged in the manufacture, sale, and distribution of mattress springs and upholstered furniture springs. The principal raw materials used by the respondent are wire, hoop steel, burlap, sisal padding, and lmber. The value of the raw materials used during 1939 was approximately $125,000, 90 per cent of which was obtained from States other than Tennessee. During the same year the respondent sold products valued at approximately $225,000. About 45 per cent of such products were sold and shipped to States other than the State of Tennessee. The respondent employs an average of 105 persons. The respondent admits that it is engaged in interstate commerce within,the meaning of the Act. 2 The word "hereinafter" was used in the stipulation It was corrected by consent of all parties. JOHNSONS' SPRING COMPANY 233 We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States. ORDER The National Labor Relations Board hereby orders that Johnsons' Spring Company, Inc., its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in Amalgamated Association of Iron, Steel & Tin Workers of North America, affiliated with the C. I. O. or any other labor organization of its employees by laying off, discharging, refusing to reinstate, or in any other manner dis- criminating in regard to the hire or tenure of employment of its employees because of membership or activity in connection with any such labor organization; (b) In any manner interfering with, restraining, or coercing its employees in the exercise of the rights of its employees to self-organi- zation, to form, join, or assist labor organizations, to bargain col- lectively 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. 2. Take the following affirmative action : (a) Make whole Walter F. Marks and Lloyd Lee Walker for the loss of pay they have suffered by being discharged by payment to them of the sum of $281.40 and $256.20, respectively; (b) Post immediately in conspicuous places at its plant, and main- tain 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) and (b) of this Order; (c) Notify the Regional Director of the Tenth Region in writing within ten (10) days from the date of this Order of the steps respondent has taken to comply herewith. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Decision and Order.