Dent Hardware Co.

In the Matter of DENT HARDWARE COMPANY and METAL POLISHERS, BUFFERS, PLATERS AND HELPERS INTERNATIONAL UNION, LOCAL '#71 Case No. C-1637.Decided August 6, 1940 Jurisdiction : ' hardware manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Order : entered on stipulation. Mr. Geoffrey J. Cuniff, for the Board. Mr. Julius M. Rapaport and Mr. Edwin K. Kline, of Allentown, Pa., for the respondent. Mr. Alfred J. Thurston, of New York City, for the Union. Mr. George A. Rupp, of Allentown', Pa., for the Independent. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Metal Polishers, Buffers, Platers and Helpers International Union, Local #71, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint dated June 18, 1940, against Dent Hardware Com- pany, Fullerton, Pennsylvania, 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), (2), (3), and (5) 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 attached thereto were duly served upon the re- spondent, the Union, and upon Metal Polishers, Buffers, Colorers and Helpers Shop Union of the Dent Hardware Company, herein called the Independent, 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 26 N. L. R. B , No. 18. 139 140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the formation and administration of the Association and gave it financial and other support; (2) that the respondent, on or about September 9, 1939, and at all times thereafter, refused and has refused to bargain collectively with the Union as the exclusive representative of the employees of the respondent in a unit appropriate for collective bargaining, although the Union was on September 9, 1940, and at all times thereafter has been the duly designated representative of the majority of the employees in such unit; (3) that the respondent terminated the employment of Charles Hartzell for the reason that he had joined and assisted the Union; (4) that the respondent urged, persuaded, and warned its employees to refrain from becoming or remaining members of the Union, urged and persuaded members of the Union to cease their membership in and activity in behalf of the Union, disparaged and criticized the Union and its leaders, and bargained individually with its employees after it had been notified by the Union that it represented a majority of its employees; and (5) 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. On July 1, 1940, the respondent filed an answer denying the alleged unfair labor practices. Pursuant to notice duly served upon all the parties, a hearing was held on July 11 and 12, 1940, at Fullerton, Pennsylvania, before Samuel H. Jaffee, the Trial Examiner duly designed by the Board. The Board, the respondent, and the Independent were represented by counsel, the Union by its representative, and all participated in the hearing. At the commencement of the hearing, the Trial Examiner granted a motion to intervene filed by the Independent. On July 12, 1940, during the course of the hearing, the respondent, the Union, the Independent, and counsel for the Board entered into a stipulation. The stipulation provides as follows: STIPULATION It is hereby stipulated and agreed between the Dent Hardware Company, hereinafter referred to as the Respondent, Metal Polishers, Buffers, Platers and Helpers International Union Local #71, hereinafter referred to as the Union, Metal Polishers, Buffers, Colorers, Platers and Helpers Shop Union of the Dent Hardware Company, hereinafter referred to as the Association, Intervenor, and Geoffrey J. Cuniff, Attorney for the National Labor Relations Board, that:- I. On charges duly filed by the Metal Polishers, Buffers, Platers, and Helpers International Union, Local #71, the Na- tional Labor Relations Board by the Regional Director for the Fourth Region acting in pursuance to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Statutes DENT HARDWARE COMPANY 1 141 449, and its rules and regulations Series 2, as amended, Art. IV Section 1, issued its complaint on the 18th day of June, 1940, against the Dent Hardware Company, Respondent herein. H. Respondent, the Dent Hardware Company, is and has been since September 3, 1895, a corporation organized and existing by virtue of the laws of the State of Pennsylvania, having its princi- pal office and place of business in the Village of Fullerton, State of Pennsylvania, and is now and has continuously been engaged in its -plant in the Village of Fullerton, State of Pennsylvania, hereinafter called the Fullerton plant, in the manufacture and sale of hardware and refrigerator fittings and kindred products. III. The Respondent, in the course and conduct of its business at its Fullerton plant, uses, among other things, the following raw materials: iron, coal, brass, bronze, oil, sand, nickel and chemicals, and in the fiscal year of July 1, 1938, to June 30, 1939, of the said raw materials during the said fiscal year set forth above, the Respondent purchased approximately $45,000.00, and of this amount approximately 55% was purchased and trans- ported into the State of Pennsylvania from other States of the United States. In the fiscal year set forth above, the Respond- ent's sales totalled approximately $160,000.00. Of this amount approximately 60% was represented by sales in States of the United States other than the State of Pennsylvania, and 15% was delivered to the United States Naval Department. IV. It is further agreed and stipulated by and between the parties hereto that the business of the Respondent for the fiscal year July 1, 1939, to June 30, 1940, is approximately the same as the business for the previous fiscal year, as set forth in the preced- ing paragraph. V. The Respondent is engaged in inter-state commerce within the meaning of the National Labor Relations Act and 'the deci- sions of the United States Supreme Court therein. - VI. This stipulation, together with the charge, complaint, notice of hearing and rules and regulations of the National Labor Relations' Board, may be introduced in evidence. VII. The taking of further testimony or the submission of further evidence before a Trial Examiner, as well as the making of findings of fact and conclusions by the Board pursuant to the provisions- of, the National Labor Relations Act are hereby expressly waived by the Respondent and the Association herein, and the Board's order as herein provided shall have the same force and effect as if made after a full hearing, presentation of evidence and the making of findings thereon. VIII. The Union is a labor organization within the meaning-of Sectioii 2 Sub-Division 5 of the National Labor Relations Act. 142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IX. The Association is a labor organization within the meaning of Section 2, Sub-Division 5 of the National Labor Relations Act. X. Upon this stipulation and the complaint an order may forth- with be introduced by said Board providing as follows:-The Respondent, its officers, agents, successors and assigns shall: 1. Cease and desist: a. From any 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 bargain collectively with representatives of their own choosing and to engage in con- certed activities for the purpose of collective bargaining or other mutual aid, or protection as guaranteed in Section 7 of the Na- tional Labor Relations Act. b. From discouraging membership in the Union or any other labor organization of its employees by discriminating against employees in regard to hire or tenure of employment, or any condition of employment or in any other manner. c. From in any manner dominating or interfering with the administration of the Association or with the formation or admin- istration of any other labor organization of its employees or from contributing aid or support to said organization; or from recog- nizing or dealing in any manner with the Association, or any successor, thereto, or from forming or maintaining any groups or designating any individuals to act as the representatives of the employees for the purposes of collective bargaining regarding any of the terms and conditions of employment. 2. Take the following affirmative action in order to effectuate the purposes of the Act:- a. Withdraw all recognition from the Association as the representative of its employees, or any of them, for the purpose of dealing with Respondent concerning grievances, labor dis- putes, wages, rates of pay, hours of employment, or other condi- tions of employment; and dis-establish said Association as the representative of its employees. b. Inform all of its officers, agents, foremen or other super- visory employees that they shall not threaten or otherwise inter- fere with their employees in any manner because of their mem- bership in any labor organization. c. Offer re-instatement immediately, and if re-instatement is accepted, immediately give re-instatement to Charles Hartzell to his former position at the prevailing rates of pay of employees doing a• similar kind of work at its Fullerton plant without loss of seniority and without prejudice to rights or privileges previously enjoyed by him. DENT HARD WARE COMPANY 143 d. Make whole the said Charles Hartzell by the payment to him of the sum of $550.00. e. Post immediately in conspicuous places and maintain for a period of at least sixty (60) days, notices stating:- 1. That Respondent will not engage in the conduct from which it is ordered to cease and desist in Paragraph X 1 (a) (b) (c), 2. That Respondent will take the affirmative action set forth in Paragraph X 2 (a) (b) (c) (d) (e) of this order, and 3. That Respondent's employees are free to become or remain members of the Metal Polishers, Buffers, Platers and Helpers International Union, Local #71, or any other labor organization, and Respondent will not discriminate against any employee because of membership or activity in that organization, or any other such organization. f. Notify the regional director of the fourth region in writing within ten (10) days from the date of the order of the National Labor Relations Board what steps have been taken to comply therewith. XI. The complaint may be dismissed insofar as it alleges that the Respondent failed to bargain collectively with the Union as the representative of its employees in the polishing and plating de- partment of its Fullerton plant on matters of wages, hours, work- ing conditions and other conditions of employment. XII. It is stipulated and agreed that the appropriate United States Circuit Court of Appeals may upon application of the National Labor Relations Board enter a decree enforcing the aforesaid order of the Board, Respondent hereby expressly waiv- ing its right to contest the entry of such decree in the appropriate United States Circuit Court of Appeals, and further expressly waiving its right to receive notice of the filing by the National Labor Relations Board of an application for the entry of such a decree. XIII. This stipulation contains the entire agreement of the parties and there is no verbal agreement of any kind which varies, alters or modifies this stipulation. XIV. This stipulation is subject to the approval of the National Labor Relations Board. On July 18, 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 Regula- tions-Series 2, as amended, transferring the case to the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation. On the basis of the above stipulation and the entire record in the case, the Board makes the following: 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT Dent Hardware Company is a Pennsylvania corporation having its principal office and place of business in the Village of Fullerton, Pennsylvania, where it is engaged in the manufacture and sale of hardware and refrigerator fittings. During the respondent's fiscal year from July 1, 1938, to June 30; 1939, the respondent purchased raw materials valued at approximately $45,000, 55 per cent of which were shipped to it from points outside the State of Pennsylvania. 'During the same period, the respondent sold products valued at approximately $160,000, 60 percent of which were shipped by it to points outside the State of Pennsylvania. The respondent admits that it is engaged in commerce within the meaning of the Act. We find that the above-described operations constitute a continuous 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 Dent Hardware Company, Fullerton, Pennsylvania, its officers, agents, successors, and assigns shall: 1. Cease and desist: (a) From any 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 bargain collectively with represent- atives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection as guaranteed in Section 7 of the National Labor Relations Act; (b) From discouraging membership in the Union or any other labor organization of its employees by discriminating against employees in regard to hire or tenure of employment, or any condition of employ- ment, or in any other manner; (c) From in any manner dominating or interfering with the adminis- tration of the Association or with the formation or administration of any other labor organization of its employees or from contributing aid or support to said organization; or from recognizing or dealing in any manner with the Association, or any successor thereto, or from forming or maintaining any groups or designating any individuals to act as the representatives of the employees for the purposes of collective bargain- ing regarding any of the terms and conditions of employment. 2. Take the following affirmative action in order to effectuate the purposes of the Act: DENT HARDWARE COMPANY 145 (a) Withdraw all recognition from the Association as the represen- tative of its employees, or any of them, for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and disestablish, said Association as the representative of its employees; (b) Inform all of its officers, agents, foremen, or other supervisory employees that they shall not threaten or otherwise interfere with their employees in any manner because of their membership in any labor organization; (c) Offer reinstatement immediately, and if reinstatement is ac- cepted, immediately give reinstatement to Charles Hartzell to his former position at the prevailing rate of pay of employees doing a similar kind of work at its Fullerton plant, without loss of seniority and without prejudice to rights and privileges previously enjoyed by him; (d) Make whole the said Charles Hartzell by the payment to him of the sum of $550; (e) Post immediately in conspicuous places and maintain for a period of at least sixty (60) consecutive days notices stating: (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraph 1 (a), (b), and (c); (2) that the respondent will take the affirmative action set forth in paragraph 2 (a), (b), (c), (d), and (e) of this Order; and (3) that the respondent's employees are free to become or remain members of the Metal Pol- ishers, Buffers, Platers and Helpers International Union, Local #71, or any other labor organization, and the respondent will not dis- criminate against any employee because of membership or activity in that organization, or any other such organization; (f) Notify the Regional Director for the Fourth Region of the National Labor Relations Board in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (5) of the Act. MR. WILLIAM M. LEISERSON took no -part in the consideration of the above Decision and Order.