Technical Porcelain & China Ware Co., Inc.

In the Matter of TECHNICAL PORCELAIN & CHINA WARE CO., INC., A CORPORATION and NATIONAL BROTHERHOOD OF OPERATIVE POTTERS Case No. C-15,13 .-Decided April 4, 1940 Porcelain Manufacturing Industry-Settlement : stipulation providing for com- pliance with the Act-Order: entered on stipulation. Mr. Jonathan H. Rowell, for the Board. Clark, Nichols d Eltse, by Mr. Reece Clark, of Berkeley, Calif., for the respondent. Mr. Frank Hull, of Los Angeles, Calif., and Mr. Joseph A. Sar- gent, of Richmond, Calif., for the B. of O. P. Mr. John W. La Dame, Jr., of Richmond, Calif., for the Associa- tion. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER 'STATEMENT OF THE CASE On February 27, 1939, National Brotherhood of Operative Potters, herein called the B. of O. P., filed with the Regional Director for the Twentieth Region (San Francisco, California) charges alleging that Technical Porcelain & China Ware Co., Inc., El Cerrito, Cali- fornia, herein called the respondent, had engaged in and was engag- ing in unfair labor practices within the meaning of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 22, 1939, United Electrical Radio & Machine Workers of America, Local 1412, herein called the United, filed a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of the respondent and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the Act. On October 3, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regu- lations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate 22 N. L. R. B., No. 36. 718 TECHNICAL PORCELAIN & CHINA WARE CO., INC. 719 hearing upon due notice; and, acting pursuant to Article III, Section 10 (c) (2), and Article II, Section 37 (b), of the Rules and Regula- tions, further ordered that the two cases be consolidated for the pur- pose of hearing and for all other purposes. - Upon the charges filed by the B. of O. P., the Board, by the Re- gional Director, issued its complaint dated November 2, 1939, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (2) and Section 2 (6)'and (7) of the Act. Copies of the complaint and notices of hearing thereon were duly served upon the respondent, the B. of O. P., and Technical Porcelain Employees Association, herein called the Association, a labor organization alleged to have been dominated by the respondent. Concerning the unfair labor practices the complaint alleged in substance (1) that the respondent dominated and interfered with the formation and administration of the Association and gave it financial and other support, and (2) that by these and other acts the respond- ent interfered with, restrained, and coerced its employees in the exer- cise of the rights guaranteed in Section 7 of the Act. On November 21, 1939, the Regional Director issued a notice of postponement of hearing. On March 25, 1940, the respondent, the B. of O. P., the Association, and counsel for the Board entered into a stipulation in settlement of the complaint case. The stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and between the Technical Porcelain & China Ware Co., Inc., a corporation, here- inafter called the respondent, the National Brotherhood of Operative Potters, affiliated with the American Federation of Labor, the Technical Porcelain Employees Association, an un- affiliated labor organization, and Jonathan H. Rowell, Attorney, National Labor Relations Board, as follows : I The respondent is a corporation organized and existing under the laws of the State of California, having its principal office and place of business in El Cerrito, California, and is engaged in the business of manufacturing, selling and dealing in vitrified china ware, electrical specialities, high tension insulators, bath- room accessories, and other types of percelain and china ware. During the year 1938, raw materials purchased and used by the respondent amounted to $20,523.75, of which amount $4,328.56 720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD represents the cost of raw materials purchased by respondent and shipped to its place of business at El Cerrito, California, from points outside the State of California. During the same period respondent sold its products, as listed hereinabove, amounting to approximately $129,615.55, of which amount $15,553.86 repre- sents the value of goods which respondent sold and shipped to points outside the State of California. For the purpose of this proceeding, and for the purpose of the case now pending before the National Labor Relations Board entitled In the Matter of Technical Porcelain & China Ware Co., Inc., a corporation, and United Electrical, Radio and Machine Workers of America, Local 1412, Case No. XX-R-366, and not otherwise, respondent admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. II The National Brotherhood of Operative Potters, affiliated with the American Federation of Labor, and the Technical Porcelain Employees Association, unaffiliated, and each of them, are labor organizations within the meaning of Section 2 (5) of the Act. III All of the parties hereto waive their right to a hearing, to the making of findings of fact and conclusions of law by the National Labor Relations Board in the above-entitled proceeding, and to any further or other proceedings provided for in the National Labor Relations Act or the Rules and Regulations of the said Board, and agree that the formal papers in this proceed- ing, including the charge, complaint and notices of hearing, and this stipulation, shall constitute the entire record of this case and shall dispense with the necessity for the hearing provided for in the complaint and notices of hearing issued herein. This agreement is conditioned upon approval of this stipulation by the National Labor Relations Board. IV Upon the record herein and upon this stipulation, an order may forthwith be entered by the National Labor Relations Board, as follows : 1. Respondent, Technical Porcelain & China Ware Co., Inc., will cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, TECHNICAL PORCELAIN & CHINA WARE CO., INC. 721 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 guaranteed in Section 7 of the National Labor Relations Act; (b) Urging, persuading or warning its employees to refrain from becoming or remaining members of National Brotherhood of Operative Potters or of any other labor organization of its employees, and from in any manner influencing or attempting to influence its employees to form, join, assist or participate in any labor organization of its employees; (c) Dominating or interfering with the administration of the Technical Porcelain Employees Association, or with the forma- tion or administation of any other labor organization of its employees, and from contributing financial or other support to the Technical Porcelain Employees Association or any other labor organization of its employees; (d) Recognizing or dealing in any manner with Technical Porcelain Employees Association, or any group purporting to represent said association, as a representative of its employees for the purpose of collective bargaining with respondent. 2. Respondent, Technical Porcelain & China Ware Co., Inc., shall take the following affirmative action in order to effectuate the policies of the National Labor Relations Act : (a) Withdraw all recognition from and refrain from dealing with the Technical Porcelain Employees Association as the rep- resentative of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment and other conditions of employment; (b) Inform, in writing, the officers and representatives of the Technical Porcelain Employees Association that it will not in any manner deal with or recognize such association ; (c) Require that its officials and agents, including superin- tendents, foremen and other supervisory employees, do not in any way urge, persuade or warn its employees to refrain from be- coming or remaining members of the National Brotherhood of Operative Potters or of any other labor organization of its em- ployees, or in any manner influence or attempt to influence its employees to form, join, assist or participate in, or not to form, join, assist or participate in, any labor organization of its employees ; (d) Post immediately in conspicuous places at its plant in El Cerrito, California, and maintain for a period of at least sixty 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (60) days notices stating that: (1) Technical Porcelain & China Ware Co., Inc., will cease and desist in the manner set forth in Paragraphs 1 (a), (b), (c) and (d) herein; (2) Technical Por- celain & China Ware Co., Inc., has withdrawn all recognition from and will not deal with the Technical Porcelain Employees Association for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, and other conditions of employment; (3) That em- ployees of Technical Porcelain & China Ware Co., Inc., are free to join any labor organization and that their status as employees of Technical Porcelain- & China Ware Co., Inc., will not be affected thereby ; (e) Notify the Regional Director for the Twentieth Region of the National Labor Relations Board within ten (10) days after service of this order, by detailed report in writing, what steps respondent has taken to comply herewith. V That, after the entry of the order by the National Labor Re- lations Board as provided in this stipulation, there may be entered in the United States Circuit Court of Appeals for the Ninth Circuit, a decree by said court enforcing in full the said order of the National Labor Relations Board, and each of the parties hereto hereby consents to the entry of such decree and hereby waives prior notice thereof. VI The terms of this stipulation contain and set forth the entire agreement by and between the parties hereto, and there is no verbal agreement of any kind which varies, alters, or adds to, this stipulation. VII This stipulation is subject to the approval of the National Labor Relations Board. VIII It is agreed and stipulated that this stipulation may be for- warded to the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. for introduction and re- ception into the record of the above entitled proceeding as National Labor Relations Board Exhibit next in order. The provisions of this stipulation shall take the place of, and be in substitution for, the provisions of that certain stipulation TECHNICAL PORCELAIN & CHINA WARE CO., INC. 723 dated January 22 , 1940, previously introduced and received in evidence in the above entitled proceeding as National Labor Relations Board Exhibit No. 2. On March 24, 1940, the Board issued an order approving the above stipulation , making it a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceed- ing to the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation . The Board further ordered, pursuant to Article II, Section 36 (d), and Article III, Section 10 ( c) (4), of National Labor Relations Board Rules and Regulations-Series 2, as amended, that the complaint case be sev- ered from the representation case and that it be continued as a separate proceeding. Upon the basis of the above stipulation, and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Technical Porcelain & China Ware Co., Inc., a California cor- poration having its principal office and place of business in El Cer- rito, California, is engaged in the bugibiess of manufacturing , selling, and dealing in vitrified china ware , electrical specialties, high- tension insulators, bathroom accessories, and other types of porcelain and china ware. Raw materials valued at approximately $20,500 were used in the manufacturing processes carried on by the respond- ent during 1938, approximately 25 per cent of which was shipped to it from points outside the State of California . During the same period the respondent sold goods of the value of approximately $129,615, of which approximately 10 per cent was shipped to points outside the State of California . The respondent employs approxi- mately 90 employees . It admits, for the purpose of this proceed- ing, that it is engaged in commerce within the meaning of Section 2 (6) of the Act. We find that the above -described operations constitute a contin- uous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and 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 Technical Porcelain & China Ware Co., Inc., El Cerrito, California, shall : 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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) Urging, persuading, or warning its employees to refrain from becoming or remaining members of National Brotherhood of Opera- tive Potters, or of any other labor organization of its employees and' from in any manner influencing or attempting to influence its em- ployees to form, join, assist, or participate in any labor organization of its employees; (c) Dominating or interfering with the administration of Technical Porcelain Employees Association, or with the formation or adminis- tration of any other labor organization of its employees, and from contributing financial or other support to Technical Porcelain Employees Association or any other labor organization of its employees; (d) Recognizing or dealing in any manner with Technical Porcelain Employees Association, or any group purporting to represent said Association, as a representative of its employees for the purposes of collective bargaining with the respondent. 2. Take the following affirmative action : (a) Withdraw all recognition from and refrain from dealing with Technical Porcelain Employees Association as the representa- tive of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, and other conditions of employment; (b) Inform in writing the officers and representatives of Technical Porcelain Employees Association that it will not in any manner deal with or recognize such association ; (c) Require that its officials and agents, including superintendents, foremen, and other supervisory employees, do not in any way urge, persuade, or warn its employees to refrain from becoming or remain- ing members of the National Brotherhood of Operative Potters, or of any other labor organization of its employees, or in any manner influence or attempt to influence its employees to form, join, assist, or participate in, or not to form, join, assist, or participate in, any labor organization of its employees; (d) Post immediately in conspicuous places at its plant at El Cer- rito, California, and maintain for a period of at least sixty (60) days notices stating that : (1) Technical Porcelain & China Ware Co., Inc., will cease and desist in the manner set forth in Paragraphs 1 (a), TECHNICAL PORCELAIN & CHINA WARE CO., INC. 725 (b), (c), and (d) herein; (2) Technical Porcelain & China Ware Co., Inc., has withdrawn all recognition from and will not deal with Technical Porcelain Employees Association for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, and other conditions of employment; (3) That employees. of Technical Porcelain & China Ware Co., Inc., are free to join any labor organization and that their status as employees of Technical Porcelain & China Ware Co., Inc., will not be affected thereby; (e) Notify the Regional Director for the Twentieth Region of the National Labor Relations Board with ten (10) days after service of this order, by detailed report in writing, what steps the respondent has taken to comply herewith. 283033-41- vol 22--47