Byron-Jackson Co.

In the Matter of BYRON-JACKSON Co., A CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE Case No. C-377 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER March 30, 1940 On March 15 , 1939, the National Labor Relations Board, herein called the Board , Issued a Decision and Order in the above -entitled proceeding.' On February 28, 1940, Byron-Jackson Co., a corpora- tion, Steel Workers Organizing Committee, and a representative of the Board entered into the following stipulation : STIPULATION The National Labor Relations Board, having entered its De- cision and Order on March 15, 1939 in the above-entitled matter, the respondent having contended that the said order is erroneous in fact and law, but the Board having disagreed with said con- tention, and it being the desire of the parties hereto to dispose of the platters involved, by mutual agreement and without any court order of enforcement : It is hereby stipulated and agreed by and between the Byron- Jackson Co., a corporation, respondent herein, by its attorney, Paul R. Watkins; Steel Workers Organizing Committee, party herein ; and Weldon P. Monson, Attorney for the National Labor Relations Board, that, upon all the proceedings heretofore had in this matter and more fully described in the Decision and Order of the Board herein, and on the record in this case, and on all the pleadings, and on the findings of fact, conclusions of law, Decision and Order entered by the Board on March 15, 1939: I. If approved by the Board, the said Order shall be modified to read as follows : 111 N. L. R B 1142. 22 N L R. B, No. 21. 479 480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Respondent, Byron-Jackson Co., a corporation, its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) Discouraging membership in Steel Workers Organizing Committee or any other labor organization of its employees, by discharging, laying off, or refusing to reinstate any of its em- ployees, 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 coercing its employees in the exercise of their rights to self- organization, to form, join, or assist labor organizations, to bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations. Act. 2. Take the following affirmative action winch the Board finds will effectuate the policies of the Act. (a) Mike whole William Burstall by payment to him of the suns of One Hundred ($100,000) Dollars, which shin is in full satisfaction of tie amount he would have earned but for his lay off on May 14, 1937, to the date of his reinstatement on June 24, 1937, less net earnings during said period; and make whole William Jones by payment to him of the sum of One Hundred and Two ($102.00) Dollars, which sum is in full satisfaction of the amount lie would have earned but for his lay off on May 14, 1937, to the date of his reinstatement on June 28, 1937, less net earnings during said period. (b) Post immediately, and in conspicuous places in its Vernon plant,,notices in the form of Exhibit "A" attached hereto and made a part hereof, and maintain such notices for a period of at least sixty (60) consecutive days from the date of posting.2 (c) Notify the Regional Director for the Twenty-First Region in writing within ten (10) days from date of the entry of this order what steps the respondent has taken to comply herewith. And it is further Ordered that the Complaint insofar as it alleges that the respondent engaged in unfair labor practices within the meaning of Section 8 (1) and (3) of the Act by as- signing Burstall to the night shift and by discharging Jones on September 9, 1937, and in discharging Schuster, be and it hereby is, dismissed. 2 The notice herein referred to appears as Exhibit "A" below. BYRON-JACKSON CO. 481 II. And-it is further stipulated and agreed that the posting of copies of the notice attached hereto as Exhibit "A" in conspic- uous places in the respondent's Vernon plant,- shall constitute compliance with Section 2 (b) of said Order. III. And it is further stipulated and agreed that the sums payable to William Burstall and William Jones, and each of them, shall be payable immediately upon the approval of this stipulation by the Board. IV. And it is further stipulated, understood, and agreed that the respondent is bound by said Order, and this stipulation, and will comply fully therewith. V. And it is further stipulated, understood, and agreed that this stipulation embodies the entire agreement between the parties and that there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. VI It is further understood and agreed that this stipulation shall not become effective until approved by the National Labor Relations Board, and that it shall become effective and binding upon such approval. VII. It is further understood and agreed that neither the Board nor any party to this stipulation will, directly or indi- rectly, at any time petition or request that any court enforce or review the original order herein dated March 15, 1939. VIII. It is further understood and agreed that unless the re- spondent violates said modified order specified in paragraph I hereof, neither the National Labor Relations Board nor any party to this stipulation will, directly or indirectly, at any time, peti- tion or request that any court enforce or review said modified order. In the event, however, that respondent violates said modified order, then the Board may seek enforcement of said modified order; it being specifically understood and agreed that in such event this stipulation shall not be deemed or construed as a consent of the entry of any such order by said court, but the respondent shall have the right to contest such petition or request and shall have the right of review on any and all mat- ters raised by such petition. On March 7, 1940, the Board approved the above stipulation and ordered it made a part of the record herein. Upon the basis of the above stipulation, the pleadings, the record, and the findings of fact and conclusions of law hereinbefore made, and pursuant to Section 10 (d) and (c) of the National Labor Rela- tions Act, 49 Stat. 449, the National Labor Relations Board hereby vacates the Order issued herein on March 15, 1939, and orders that 482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the following modified Order be, and it hereby is, substituted in lieu thereof : "The National Labor Relations Board hereby orders that the respondent , Byron-Jackson Co., a corporation , its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in Steel Workers Organizing Committee or any other labor organization of its employees, by discharging, laying off, or refusing to reinstate any of its em- ployees, 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 co- ercing its employees in the exercise of their rights to self -organi- zation, 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 bar- gaining and 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) Make whole William Burstall by payment to him of the sum of One Hundred ($100.00 ) Dollars, which sum is in full satisfaction of the amount he would have earned but for his, lay off on May 14, 1937, to the date of his reinstatement on June 24, 1937, less net earnings during said period ; and make whole Wil- liam Jones by payment to him of the sum of One Hundred and Two ($102.00 ) Dollars, which sum is in full satisfaction of the amount he would have earned but for his lay off on May 14, 1937, to the date of his reinstatement on June 28 , 1937, less net earn- ings during said period. (b) Post immediately , and in conspicuous places in its Ver- non plant, notices in the form of Exhibit "A" attached hereto and made a part hereof, and maintain such notices for a period of at least sixty (60) consecutive days from the date of posting. (c) Notify the Regional Director for the Twenty-First Region in writing within ten (10 ) days from date of the entry of this order what steps the respondent has taken to comply herewith. And it is further Ordered that the Complaint insofar as it alleges that the respondent engaged in unfair labor practices within the meaning of Section 8 (1) and (3) of the Act by as= signing Burstall to the night shift and by discharging Jones on BYRON-JACKSON CO. 483 September 9, 1937, and in discharging Schuster, be and it hereby is, dismissed." EXHIBIT "A" Notice to Employees: The employees in this plant shall have the right to self-organiza- tion, 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 . The union affiliation of the em- ployees of this Company is their own affair and any of the employees of this Company can join or refuse to join any labor organization they see fit, and the Company will not interfere with that right and will not discriminate in regard to hire or tenure of employment, or any term or condition of employment, whether an employee belongs to a union or not. Dated - -------------------, 1940. BYRON-JACKSON CO. By ------------------