Baldor Electric Co.

H. I Ill the Matter of BALDOR' ELECTRIC COMPANY and UNITED ELECTRI- CAL; RADIO & MACHINE WORKERS OF AMERICA,' LOCAL'NO.' 1106 Case No. C-1647.-Decided August 16,1940 Jurisdiction : electric motors and grinders manufacturing industry. Settlement : stipulation providing, for compliance with the Act.. .., , . • Remedial Order : entered on stipulation., , < < Mr. L.' W-., D. Wells, Jr., and Mr. Wallace Cooper, 'for the' Board. Mr. Louis 'Kawin•'and Mr. Paul D: Clerk, of -St. Louis, 11\1o.,'for the respondent. ''Air. William Sentner and Mr. Robert Logsdon, of St. Louis', Mo.; for the Union. -Mr: Raymond J: Compton, of counsel to the Board.' ,DECISION AND ,ORDER, I , I, , 1, •) STATEMENT OF THE CASE Upon a second amended charge I duly filed, by United Electrical, Radio & Machine Workers of America, Local No., 1106,,herein called the Union, the National Labor Relations Board, herein, called the Board, by the Regional Director for the Fourteenth Region ,(St; Louis, Missouri), issued its complaint dated June 18, 1940, against Baldor Electric Company, St. Louis, Missouri, herein called the respondent, alleging, that the respondent had engaged in, and was engaging in un- fair labor practices affecting commerce within, the, meaning of Section 8 (1),. (3), and (5): and Section- 2 (6) ands (7) of the National; Labor Relations Act, 49 , Stat. 449, , herein called the. Act. • Copies. of the complaint and, notice of hearing thereon were ,duly served, upon the respondent and upon the Union. .With respect to the,unfair labor, practices,, the, complaint alleged in substance,that, (1) on or about July-15, 1939,,, and at all.times thereafter the respondent refused, to bargain collectively, with ,the Union,as the exclusive representative, of its employees ;in an, appropriate bargaining unit composed .,of all the production employees, excluding foremen, assistant foremen,, watchmen„ timekeepers, maintenance workers, and I The original charge'was filed on October 20, 1939; an amended, charge on , February 19; 1940; and the second amended charge on June 18, 1940 26 N. L. R. B., No. 71. , - • 703 704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD office employees, although the Union was on or about July 15, 1939, and at all times subsequent thereto has been, the duly designated representative of a majority of the employees in such unit; (2) during a strike of the respondent's employees commencing on or about Sep- tember 1939, caused by the respondent's refusal to bargain collectively with the Union, the respondent urged and threatened its employees to abandon the strike and to cease engaging in concerted activity for the purposes of collective bargaining or other mutual aid or protec- tion; (3) on or about December 15, 1939, and at all times thereafter the respondent refused to reinstate the employees named in Appendices A, B, C, D, and E,2 attached hereto, because they had joined or assisted the Union, or because they had participated in the afore- mentioned strike; and (4) by the foregoing acts and by other acts and conduct the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On July 3, 1940, pursuant to an order issued by the Regional Director extending the respondent's time to answer, the respondent filed an answer admitting certain allegations of the complaint concern- ing the nature and interstate character of its business, but denying that it had engaged in any unfair labor practices.' Pursuant to notice, a hearing was held at St. Louis, Missouri, on July 22, 1940, before R. N. Denham, the Trial Examiner duly desig- nated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. On July 22, 1940, the first day of the hearing, the respondent, the Union, and counsel for the Board entered into a stipulation in settle- meat of the case. The stipulation provided as follows: I Charges and amended charges were filed by United Electrical, Radio & Machine Workers of America, Local No. 1106, with the Fourteenth Regional Office of the National Labor Relations Board, alleging that the respondent,' Baldor Electric Company, had violated Section 8, subsections (1), (3), and (5) of the National Labor Relations Act. Thereafter, on June 18, 1940, the National Labor Relations Board through Dorothea de Schweinitz, Regional Director for the Fourteenth Region, duly issued its Complaint and Notice of' Hearing, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (a), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. 2 Collectively designated in the complaint as "Schedule A." 3 At the hearing the respondent moved to withdraw its answer The motion was granted by the Trial Examiner. This ruling is hereby affirmed. BALDOR ELECTRIC COMPANY 705 The charges and the Complaint, together with the Notice of Hearing were duly served upon the respondent and on the United Electrical, Radio & Machine Workers of America, Local No. 1106, on June 19, 1940. The respondent filed an answer to the Board's Complaint on July 3, 1940. On July 22, 1940, a hearing before R. N. Dehnam, Trial Examiner, duly designated by the Board, was opened in St. Louis, Missouri. After the introduction of the formal exhibits into the record at the hearing, the respondent withdrew its answer filed on July 3, 1940. By the withdrawal of its answer, and by entering into this stipulation, the respondent does not admit that it has iii any way violated the National Labor Relations Act, but expressly denies that it has in any way violated any of the provisions in said Act. Il Baldor Electric Company is a corporation organized under and existing by virtue of the laws of the State of Missouri. Since March, 1920 it has been, and is now, engaged at a plant in St. Louis, Missouri in the production, manufacture, sale, and distribution of electric motors and grinders. Raw materials used in the manufacture of these products include iron, brass, aluminum, steel, wire, insulating materials, switches, paper, and paints. During the first six months of 1939 respondent purchased raw materials having a value of approxi- mately $132,000.00. Approximately $99,000.00 worth of these materials were purchased in states of the United States other than the State of Missouri and transported in interstate com- merce from states of the United States other than the State of Missouri to respondent's plant in St. Louis, Missouri. During the first six months of 1939 respondent sold electric motors and grinders having a value of more than $330,000.00: Products having a value of more than $295,000.00 were trans- ported and sold in interstate commerce from respondent's plant in St. Louis, Missouri, to, into, and through states of the United States other than the State of Missouri. The respondent agrees and admits that it is engaged in inter- state commerce within the meaning of Section 2, subdivisions (6) and (7) of the National Labor Relations Act and that re- spondent is subject to the 'provisions of the National Labor Relations Act and the jurisdiction of the National Labor Rela- tions Board. All parties hereto expressly agree that the National Labor Relations Board may forthwith make jurisdictional findings based upon the facts stipulated herein, and that the Board may 706 DECISIONS OF .NATIONAL LABOR RELATIONS BOARD find'that the above-described operations'of the respondent con- •stitute,a continuous flow of trade, traffic, and commerce among the several states. III r , , United', Electrical, .Radio Machine, Workers 'of America, Local No. 1106, 'is a labor organization within the definition of Section 2,, subsection (5) {of the National Labor Relations Act. IV IIli The record in this cause shall consist of the formal exhibits mentioned in; paragraph numbered .I hereof "and the transcript of the proceedings had on July 22, 1940, at St. Louis, Missouri before R. N. Denham, Trial Examiner, and this stipulation. V All parties hereto expressly waive the right to a hearing on the ,',issues raised by the ;Complaint herein; and, further waive the ,,making of findings:of fact -and conclusions of law by the National ' Labor Relations Board. I ` I I I 1 VI i • I All parties'hereto expressly agree'and consent that'the National Labor Relations Board may forthwith enter an order' providing as follows:' 1. Cease and desist from: (a) Discouraging membership in United Electrical, Radio & Machine Workers of America, Local No. 1106, or any other labor' organization of, its employees, by in any manner discrim- inatin'g' against its employees, in regard to their hire or tenure of'employment, or any term or` condition of employment. (b) Refusing to bargain collectively with United Electrical, Radio & Machine Workers of America, Local` No. 1106, as the exclusive representative of all its' employees engaged in production work and ' paid on an hourly-rate basis, excluding foremen, assistant foremen,, watchmen,, timekeepers, main- tenance workers, and office employees. (c) In any' other manner interfering .with,' restraining or coercing its employees' in the exercise of thew; rights to self- organization, 'to form, join or assist labor lorganizatious, to bargain' 'collectively through' representatives of ' their own choosing, and to engage in concerted activities for ilie.purpose of collective bargaining 'or other mutual aid and , protection, as guaranteed in Section 7,of the National Labor Relations'Act. BALDOR. ELECTRIC COMPANY ' ; ' 707 2., Take the following affirmative - action to effectuate the policies, of the National Labor Relations Act: , • : (a) Offer immediately' to: the employees named in' Appendix A,4 employment in, - their former; or substantially' equivalent 'positions , without prejudice to their iseniority or, other rights and privileges. • • I ' i ' (b) Offer within sixty (60) days from the date of the execu- tion of this Stipulation, employmentito those'employees named in Appendix B,6, without prejudice to their, seniority of other rights and privileges, and in the'event any person whose name appears, on Appendix A refuses the employment offered, offer that employment immediately to a person whose name appears on Appendix B. (c) Offer within, ninety (90) days from the date' of the exe- cution of this Stipulation employment 'to those' employees named in Appendix C,e without prejudice to their seniority or other rights and privileges, and in the event any person whose name- appears on'Appendix B refuses , the employment offered, offer that employment immediately to a person whose name appears on Appendix C. • . - ^ - , (d) Place those employees named in Appendix D'' for whom employment is not immediately available,,on a preferential list and offer them employment without prejudice to their seniority or other rights and privileges as such employment becomes available and before other persons are hired., If any of the persons whose names appear on Appendix C do not accept the 0nlployment• offered, offer immediately that employment to persons appearing on Appendix D. '(9) Pay, to the, Regional Director of the Fourteenth Region of the National Labor Relations Board the sum of twenty-five hundred ($2,500) dollars, to be distributed by her to those individuals named on Appendices A, B, C and. D, in such manner as she may direct, as compensation for losses of earn- inks which they may have suffered.` (f) ''Upon request, bargain collectively with United Electrical, Radio"& Machine Workers 'of' America, Local No. 1106, as the exclusive ''representative of 'its' employees engaged in pro- duction work and paid on an hourly-rate basis, excluding fore- men, assistant foremen, watchmen, timekeepers, maintenance workers, and office employees.' ' 4 Appendix A (erroneously designated as "Exhibit A" in the stipulation) is identical with Appendix A below, annexed to and made apart of this Decision and'Order: ' ' ' • b Appendix B (erroneously designated as "Exhibit B" in the stipulation ) is identical with Appendix B below, annexed to and made a part of this Decision and Order. E Appendix C (erroneously designated as "Exhibit C" in the stipulation is' identical with Appendix C below, annexed to and made a part of this Decision and Order. 7 Appendix D (erroneously designated as "Exhibit D" in the stipulation) is identical with Appendix D below, annexed to and made a part of this Decision and Order. 708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (g) Post immediately notices to its employees in conspicuous places throughout its plant and maintain such notices for a period of at least sixty (60) days from the date of posting, stating: (1) that respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs ] a), b), and c) of this order; (2) that respondent will take the affir- mative action set forth in paragraphs 2a), b) c), d), e) and f) of this order; (3) that the respondent's employees are free to become or remain members of the United Electrical Radio & Machine Workers of America, Local No. 1106, and the re- spondent will not discriminate against any employee because of membership or activity in that organization. (h) Notify the Regional Director for the Fourteenth Region of the National Labor Relations Board within ten (10) days of the date of the issuance of the order herein agreed to, and again between the 90th and the 100th day of the date of the issuance of the order herein agreed to, of the steps the respond- ent, Baldor Electric Company, 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, in refusing to reinstate the persons named in Appendix E 8 attached hereto, be, and it hereby is, dismissed. VII All parties hereto agree and consent to the entry by any United States Circuit Court of Appeals of an enforcement Order embodying the terms of the Board order agreed to above, and all parties hereby waive further notice of the application for or entry of such Court Order, provided that the order entered is in the exact terms set forth in Par. VI above. VIII It is agreed between the parties hereto that this Stipulation is subject to the approval of the National Labor Relations Board and will become effective immediately upon being ap- proved by the National Labor Relations Board. IX It is further agreed and stipulated between the parties hereto that the entire agreement between the parties hereto is con- tained within the terms of this Stipulation, and there is no other agreement, verbal or otherwise, which changes, alters, or adds to this Stipulation. 9 Appendix E (erroneously designated as "Exhibit E" in the stipulation ) Is identical with Appendix E below, annexed to and made a part of this Decision and Order. BALDOR' ELECTRIC COMPANY 709 On July 30, 1940, the Board issued its Order appi•oving''tbe above stipulation, making it part of the record in the case, and transferring the,preceeding 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 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 a Missouri corporation having its principal place of business at St. Louis, Missouri, where it is,engaged in the manu- facture, sale, and distribution of electric motors and electric grinders. During the first 6 months of 1939 the respondent purchased approxi- mately $132,000 worth of raw,materials, consisting principally of iron, brass, aluminum, steel,. wire, insulating. materials, switches, paper, and paints, of which approximately 75 per cent were, purchased and shipped to the respondent's St. Louis plant from States other than Missouri. During the same period, the respondent sold finished products valued at $330,000, of which approximately 90 per cent were shipped from the St. Louis plant to points outside the State of, Missouri. The respondent admits,. for the purposes of this proceeeding, that it 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• contin- uous flow of trade, traffic, and commerce among the several States. • ORDER' ' Upon the basis of the above. findings of -fact, the above 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 the respondent, Baldor Electric Company, St. Louis, Missouri, and its officers, agents, successors, and assigns; shall: , . 1. -Case and desist from: I, R, , (a),, Discouraging membership in United Electrical, Radio Sc Ma- chine Workers of America, Local No. 1106, or any other labor organi- zation of its employees, by, in any manner discriminating against. its employees in regard to their hire or tenure of employment, or any term or condition of employment. • , (b) Refusing to bargain collectively with United Electrical, Radio Machine Workers of America, Local No. 1106, as the exclusive representative of all its employees engaged in production work and paid on an hourly-rate 'basis, excluding foremen, assistant, foremen, watchmen, timekeepers, maintenance workers, and office employees. 323429-42-vol. 26-46 710 DECISIONS OF' NATIONAL. LABOR .RELATIONS BOARD (c) 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 bargain collectively through representatives 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. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act: - (a) Offer immediately to the employees named in Appendix A, employment 'in their ' former or -stibstantial]y equivalent positions, without prejudice to their 'seniority or'other rights and privileges.' (b) 'Offer within sixty. (60) 'days ' from the date of the execution of this Stipulation; employment tO'th6Se employees named in Appe►idix' B;'without prejudice to'their seniority or other rights and privileges; and in the event any person whose name appears oii'Appendix A refuses the employment offered, offer that employment immediately to a person whose name appears•on 'Appendix B. ' (c) Offer within ninety (90) days from the date of the 'execution of this Stipulation employment to those employees named in Appendix C',"without 'p'rejtidice to their seniority or'other rights 'and privilege's, and in the' event any person whose name appears on Appendix''B refuses the employment offered,' offer that employment immediately to a person whose name appears on Appendix C. (d)' Place those employees named 'in Appendix D for whom employ- ment is' not immediately available, on a preferential list and offer them employment without prejudice to their senniority or other rights and privileges as such employment becomes available and before other persons are hired . If any 'of the persons whose names appear on Appendix ' C do not accept the employment offered , offer im- mediately that employment to persons appearing on Appendix D. (e), Pay to the Regional Director of the Fourteenth Region of the National Labor Relations Board the 'sum' of twenty-five hundred ($2,500) dollars, to be distributed by her to those individuals named on Appendices A, B, C and D, in such manner 'as she may direct, as compensation for losses of earnings'which they may have suffered. (f) Upon request,' bargain' ' collectively with United Electrical, Radio ' & Machine Workers ' of America, Local No . 1106, as the ex- clusive representative : of its employees engaged in production ' work and paid on an hourly-rate basis, excluding foremen , assistant fore- men, ' watchmen, timekeepers, ' maintenance workers, - and' office employees. ' , , r :, .. . , , . . 11. ' ' ' ' (g) Post immediately 'notices to its employees in 'conspicuous places 'throughout its plant'and 'maintain'such notices for a period of at' least 'sixty ' (60)-days 1 from ' the''date of : posting, stating : (1) `that BALDOR ELECTRIC COMPANY 711 respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b) and, (p) of this order; (2) that respondent will, take' the affirmative action set forth in para- graphs 2 (a), (b), (c),' (d), (e) and (f) of this order; (3) that the respondent's employee's aie free to become or remain members of the United Electrical, Radio & Machine Workers of America, Local No. 1106, and the respo'nd`ent will not discriminate against any em- ployee because of membership or activity in that organization. (h) Notify the Regional Director for the Fourteenth Region of the National Labor Relations Board within ten (10) days of the slate of the issuance of the order herein agreed to, and again between the 90th and the 100th day of the date of the issuance of the order_herein agreed to, of the' steps, the respondent, Baldor Electric; Company, 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, in refusing to reinstate the persons named in Appendix E attached hereto, be, and it hereby is, dismissed. APPENDIX A S. Salerno C. Hampel J. Stark J. Barbaglia C. Herman I. Fetsch L. Schaefer L. Mead H. Ludwig H. Eclienfels„ APPENDIX B W. Ludwig 0. Hayner H. Street L: Barbaglia • L. Ronzio W. Ahrens J. Ronzio H. Bremer L. Vest M. Timpe APPENDIX C R. Donner C. Lavacki H. Callison A. Cole J. Pierron C. Kelly F. Modica A. Gaterman E. Klein R. Skillman 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX D W. Schellert G. Curran A. Loos R.,St. Eve L. Groh E. Haas A. Bechman S. Wapelhorst E. Grasshoff E. Creed en F. Stool A. Wolff C. Walker J. Larson W. Riley F. Barr M. Beckman L. Couch W. Heffernan A. Matlock E. Tyler E. Moore M. Hoffman R. Kroupa J. Brown 9 L. Schaefe°meier APPENDIX E R. Altshuh A. Bertel T. Eaton E. Fiedler L. Fox W. Ftintrip E. Gorman 0. Haring R. Haukap M. Heinz W. Hermann J. Imhof W. Jenisch W. Kubina E. Kumpf M. Lawrence C. Martin W. Pallmer R. Platz A. Raia G. Rathbacker L. Roberts F. Salerno C. Stege H. Strassner R. Wildeison Q Designated in the complaint as Shurley Brown.