Pacific Gas Heating Co.

In the Matter of L. CINQ-MARS, DOING BUSINESS sub nomine PACIFIC GAS HEATING COMPANY and AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA , LOCAL 1684, THROUGH THE STEEL WORKERS ORGANIZING COMMITTEE , C. I. O. Case No. C-1536.-Decided April 17, 19410 Warm Air Furnace Manufacturing Industry-Settlement • stipulation provid- ing for compliance with the Act , including reinstatement and back pay- Order: entered on stipulation. Mr. John T. MeTernan, for the Board. Mr. Ken Hunter, of San Francisco , Calif., for the Union. Mr. Louis Cokin, 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 and Tin Workers of North America, Lodge 1684, herein called the Union, the ' National Labor Relations Board, herein called the Board, by the Regional Director for the Twentieth Region (San Francisco, California), issued its complaint dated April 1, 1940, against L. Cinq-Mars, doing business sub nomine Pacific Gas Heating Company, San Francisco, California, 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) 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 thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged, in substance, (1) that the respondent urged, persuaded, and warned its employees to refrain from becoming or remaining members of the Union and threatened said employees with loss of employment if they became or remained members of the Union; (2) that the re- 22 N L R. B, No 89 -1059 1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD spondent laid off five named employees for the reason that each of them had joined or assisted the Union; and (3) that by these and other acts the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation dated April 2, 1940. The stipula- tion provides as follows : It is hereby stipulated by and between L. Cinq-Mars, doing business as Pacific Gas Heating Company, hereinafter called respondent; Amalgamated Association of Iron, Steel and Tin Workers of North America, Local 1684, through the Steel Workers Organizing Committee, hereinafter called the S. W. O. C.; and John T. McTernan, Attorney for the National Labor Relations Board, as follows : 1. Respondent is an individual doing business under the ficti- tious trade name of Pacific Gas Heating Company and maintains its principal office and place of business at 245 Van Ness Avenue South, San Francisco, California. Respondent is now, and has continuously for a long period of time been, engaged in the manufacture and sale of gas fire warm air furnaces. Respond- ent's products for the year 1939 amounted in value to $89,767.96. Of this amount products to the value of $19,580.29 were shipped from respondent's place of business in San Francisco, California, to points and places outside the State of California. The ma- terials purchased and-used by respondent during the year 1939 in the manufacture of its product amounted in value to $10,842.02, and• of this amount material amounting in value to $14,900.35 was transported to respondent's place of business at San Fran- cisco, California, from points and places outside the State of California. For purposes of this proceeding, and not otherwise, respondent admits that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act. 2. The S. W. O. C. is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. 3. Respondent hereby waives its right to file an answer to the Complaint of the National Labor Relations Board filed herein, to its right to a hearing and to appear in person or otherwise and to give testimony and examine and cross-examine witnesses, as provided in Section 10 (b) of the National Labor Relations Act and in National Labor Relations Board Rules and Regula- L. CINQ-MARS 1061 tions, Series 2, as amended; and all the parties hereto, and each of them, hereby waive the making of findings of fact and con- clusions of law by the National Labor Relations Board and to any other procedure by or before the National Labor Relations Board that may be provided in said National Labor Relations Act or National Labor Relations Board Rules and Regulations, Series 2, as amended; and all the parties hereto, and each of them, agree that the formal papers in this proceeding, including the Amended Charge, Complaint and Notice of Hearing, Affi- davit of Service of Complaint and Notice of Hearing, copy of National Labor Relations Board Rules and Regulations, Series 2, as amended, and this Stipulation, and nothing else, shall con- stitute the entire record in this case and shall dispose of the necessity for the hearing referred to in said Complaint and Notice of Hearing and as provided in Section 10 (b) and (c) of the National Labor Relations Act. This waiver and agreement is expressly conditioned upon the approval of this Stipulation by the National Labor Relations Board. 4. Upon the record herein and upon this Stipulation, if and when approved by the National Labor Relations Board, an order may forthwith be entered by said Board providing as follows : (1) Respondent, L. Cinq-Mars, doing business as Pacific Gas Heating Company, shall cease and desist from : (a) Discouraging or encouraging membership in any labor organization of its employees by discharging, demoting or refusing to reinstate any of its employees or in any manner dis- criminating with regard to their hire or tenure of employment or any term or condition thereof because or on account of their membership in, activities on behalf of, or sympathy toward, any such labor organization; (b) Urging, persuading or warning its employees, or in any manner influencing or attempting to influence said employees, to form, join, assist or participate in any labor organization, or not to form, join, assist or participate in any labor organization; (c) In any manner interfering with, restraining or coercing its employees, or any of them, 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, 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) Respondent shall take the following affirmative action in or- der to effectuate the policies of the National Labor Relations Act: 283O 3.-4 1-vol 22-O8 1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (a) Respondent shall make whole the employees whose names are hereinbelow set out for any losses of wages' they may have suffered by reason of their lay -off between January 3, 1940, and January 9, 1940, by payment to each of them of the amount set forth opposite his name below: Manuel Serrano-- ------------------------------------ $2470 A. Rehbock------------------------------------------- 26.46 Tony Riedel ------------------------------------------ 31.76 Arthur Krahl----------------------------------------- 28.22 Joe Cana le------------------------------------------- 21.16 (b) Respondent shall immediately offer to Tony Ridell and Arthur Krahl reinstatement to their former or substantially equivalent positions without loss of seniority or other rights or privileges ; (c) Post immediately at conspicuous places in its plant, and maintain such posting for a period of sixty (60) consecutive days from the date thereof, a notice containing the following: (i) The provisions of Paragraph 1 of this Order in full; (ii) Notification that respondent 's employees are free to join or assist any labor organization they may choose and that the terms or conditions "of their-employment with respondent, will not in any way be affected by their having joined or assisted any labor organization. (d) Notify the Regional Director for the Twentieth Region within ten (10) days of, the date of this Order what steps respondent has taken to comply therewith. 5. After the entry of the Order by the National Labor Rela- tions Board, as provided above , 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. 6. Until normal production at respondent 's plant is resumed in accordance with usual business practices , but in any event not beyond August 1, 1940, it is agreed that employment of Tony Riedel and Arthur Krahl , or in lieu of one or the other of them, Al Rehbock, at their former or substantially equivalent positions for not less than five days in each two-week period shall consti- tute compliance by respondent with the provisions of Paragraph 2 (b) of the Order and Decree provided for herein : Provided, That if during the aforesaid period, it becomes neces- sary for respondent to shut down its plant because of lack of L. CINQ-MARS 1063 business or the making of new models, the above provisions shall not apply. 7. This stipulation is expressly conditioned upon, and this condition is of the essence of this agreement , respondent's under- taking, hereby made, not to enter into any agreement, in writing or otherwise , with any labor organization as the representative of its employees until such time as the representative of said em- ployees is determined by the National Labor Relations Board in accordance with the provisions of Section 9 of the National Labor Relations Act. 8. It is expressly understood and agreed that this stipulation be subject to the approval of the National Labor Relations Board. 9. It is expressly understood and agreed that the entire agree- ment among the parties hereto, as recited above and as their sig- natures appear below , is contained within the terms of this Stip- ulation, and there is no agreement of any nature , verbal or other- wise, which varies, alters or adds to this Stipulation. On April 9, 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 Regu- lations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entry of a decision and order pursuant to provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent is an indivadual doing business under the trade name of Pacific -Gas Heating Company and operates a plant at San Francisco , California, where he is engaged in the manufacture and sale of gas fire warm air furnaces. During 1939 the respondent pur- chased raw'-materials valued at $40,842, of which $14,900 represented the value of materials shipped to it from points outside the State of California . During the same period, the respondent sold finished products valued at $89,767, of which $19,580 represented the value of products shipped by the respondent to points outside the State. The respondent admits, for the purpose of this proceeding , that he is engaged in commerce within the meaning of Section 2 ( 6) and (7) of the Act. We find that the, above-described operations constitute a continuous flow of trade, traffic , and commerce among the several States. 1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 L. Cinq-Mars , doing business as Pacific Gas Heat- ing Company, San Francisco , California, shall: 1. Cease and desist from : (a) Discouraging or encouraging membership in any labor organi- zation of its employees by discharging , demoting, or refusing to reinstate any of its employees or in any manner discriminating with regard to their hire or tenure of employment or any term or condi- tion thereof, because or on account of their membership in, activities on behalf of, or sympathy toward any such labor organization; (b) Urging, persuading, or warning its employees , or in any manner influencing or attempting to influence said employees, to form, join, assist, or participate in any labor organization or not to form, join, assist, or participate in any labor organization; (c) In any manner interfering with, restraining, or coercing its employees , or any of them , in the exercise of the right to self-organi- zation, to form, join, or assist labor organizations, or bargaining collectively through representatives of their own choosing, or to engage in concerted activities for the purpose of collective bargain- ing or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Respondent shall make whole the employees whose names are hereinbelow set out and any losses of wages they may have suffered by reason of their lay-off between January 3, 1940, and January 9, 1940, by payment to each of them of the amount set forth opposite his name below : Manuel Serrano----------------------------------------- $ 24.70 4. Rehbock --------------------------------------------- 26.46 Tony Riedel -------------------------------------------- 31.76 Arthur Krahl ------------------------------------------- 28.22 Joe Canale---------------------------------= ----------- 21.16 (b) Respondent shall immediately offer to Tony Ridell and Arthur Krahl reinstatement to their former or substantially equiva- lent positions without loss of seniority or other rights or privileges ; (c) Post immediately at conspicuous places in its plant , and main- tain such posting for a period of sixty (60) consecutive days from the date thereof, a notice containing the following: (i) The provisions of Paragraph 1 of this Order in full; L. CINQ-MARS 1065 (ii) Notification that respondent's employees are free to join or assist any labor organization they may choose and that the terms or conditions of their employment with respondent will not in any way be affected by their having joined or assisted any labor organization; (d) Notify the Regional Director for the Twentieth Region within ten (10) days of the date of this Order what steps respondent has taken to comply therewith.