Stoner Manufacturing Corp.

In the Matter of STONER MANUFACTURING CORPORATION and INTER- NATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1202, INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 461, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLE- MEN & HELPERS UNION OF AMERICA, LOCAL No. 423, AND METAL TRADES DEPARTMENT OF THE AMERICAN FEDERATION OF LABOR, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-1472-Decided September* 16, 1940 Jurisdiction : vending machines and toys manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Hyman A. Schulson and Mr. Abraham J. Harris, for-the Board. Mr. Barnabas F. Sears, of Aurora, Ill., for the respondent. Mr. Herbert S. Thatcher, of Washington, D. C., and Mr. Daniel D. Carmell, of Chicago, Ill., for the Unions. Mr. Robert D. Allen, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Association of Machinists, Local No. 1202, International Brother- hood of Electrical Workers, Local No. 461, International Brotherhood of Teamsters,. Chauffeurs, Stablemen & Helpers Union of America, Local No. 423, and Metal Trades Department of the American Feder- ation of Labor, affiliated with the American Federation of Labor, herein sometimes collectively called the Unions, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint dated June 2,1939, against Stoner Manufacturing Corporation, Aurora, Illinois, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting 27 N. L. R. B., No. 67. _ 264 1 STONER MANUFACTURING CORPORATION 265 commerce, within the meaning of Section 8 (1), (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 together with notice of hearing were duly served upon the respondent and the Unions. Concerning the unfair labor practices, the complaint, as amended, alleged"in substance (1) that on or about April 12, 1939, and at all times thereafter, the respondent refused to bargain collectively with the Unions as the exclusive representative of a majority of the re- spondent's employees in an appropriate unit consisting of all, pro- duction employees, but excluding clerical and office workers and supervisory employees; (2) that in July 1937 and on certain named dates thereafter, the respondent laid off and discharged and there- after refused to reinstate certain named employees for the reason that they had joined and assisted the Unions and engaged in con- certed activities for the purposes of collective bargaining and other mutual aid and protection; 1 (3) that from on or about February 27, 1939, to the date of the filing of the second amended complaint, the respondent advised, urged, and warned its employees to refrain from joining or retaining membership in the Unions, interrogated its employees regarding union affiliation, and advised its employees that the respondent would never sign a contract with a labor organ- ization; and (4) that by said acts 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. Thereafter the respondent filed its answer to the complaint, as amended, denying the material allegations thereof with respect to the unfair labor practices. In its answer the respondent admitted certain of the allegations of the complaint, as amended, concerning the nature of its business. Pursuant to notice. a hearing was held from July 6 to August 4, 1939, at Aurora, Illinois, before Whitley P. McCoy, the Trial Exam- iner duly designated by the Board. The Board and the respondent were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. At the close of the hearing the parties were given permission to and did argue orally before the Trial Examiner and thereafter the respondent filed a brief with the Trial Examiner. I The following employees were alleged to have been discriminatorily discharged ; John George Tschannen , Matthew wollwert, Louis Fabian , Alice Dwiggins , Theodore Adams, Ernest Breese , George Clark , John Franzen , Edward Ginther , Francis Flaake, Harold Holt, Henry Flotopp , James Ingraham, Peter Kramer, John N Kramoski , Carl Maier, Steve Martin, Ann Murphy, Harry Parker, Donald ' Rosentreter , Fred Snyder , Virginia Stegmann, Nicholas Tolian, Edward wagoner, and Peter woliwert. 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On January 15, 1940, the Trial Examiner issued his Intermediate Report, copies of which were duly served upon all the parties, wherein he found 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 Act. He recommended that the respondent cease and desist from interfering with, restraining, or coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, cease and desist from discouraging membership in the Unions or any other labor organiza- tion by discriminating in regard to -hire or tenure of employment, and that the respondent take certain affirmative action in order to effectuate the policies of the Act. He recommended the dismissal of that portion of the complaint charging a violation of Section 8 (5) of the Act. Thereafter, the respondent and the Unions filed their exceptions to the Intermediate Report and the record in the case, together with briefs in support of such exceptions. Pursuant to request therefor by the respondent and the Unions oral argument before the Board was scheduled for August 20, 1940, and notice thereof was given to all parties. At the opening of such oral argu- ment the respondent and the Unions announced that they had arrived at a settlement of the case. On September 4, 1940, the respondent, the Unions, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION IT IS HEREBY STIPULATED by and between Stoner Manufacturing Corporation, respondent herein, International Association of Machinists, Local No. 1202, herein called the Machinists, Inter- national Brotherhood of Electrical Workers, Local No. 461, herein called the I. B. E. W., International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers Union of Amer- ica, Local No. 423, herein called the I. B. T., Metal Trades De- partment of the American Federation of Labor, herein called the Metal Trades Department, and herein collectively called the Unions, and Abraham J. Harris, attorney for the National Labor Relations Board, that I. Upon charges and amended charges duly filed by the Unions, the National Labor Relations Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, and its Rules and Regulations, issued its complaint dated June 2, 1939, its amended complaint dated June 13, 1939, and its second amended complaint dated Jude 29, STONER MANUFACTURING CORPORATION 267 1939, against Stoner Manufacturing Corporation, respondent herein. II. Pursuant to notice to all parties, a hearing was held before Whitley P. McCoy, the Trial Examiner duly designated by the Board, from July 6 to August 4, 1939. On January 15, 1940, the Trial Examiner issued his Intermediate Report herein, copies of which were duly served upon the parties. On April 29, 1940, and on May 6, 1940, respectively, the Unions and the respondent filed their exceptions to the Intermediate Report of the Trial Examiner. III. Respondent Stoner Manufacturing Corporation is a,cor- poration organized under the laws of the State of Illinois, with its office and place of business at Aurora, Illinois. The respond- ent is engaged in the design, manufacture, and sale of coin oper- ating machines, vending machines, amusement games, and toys. The Stoner Corporation was incorporated in 1934 under the laws of the State of Illinois and is a subsidiary of the respondent acting as agent, broker, and factor in the purchase and sale of the products manufactured by the respondent. , In the conduct of its business during the year 1938, the respondent purchased raw materials consisting of steel, lumber, brass, paint, bakelite, glass, and other materials of the value of $51,385.40, and me- chanical gadgets and electrical step-ups of the value of $56,833.88. Twenty-seven per cent of the raw materials used are purchased in States other than the State of Illinois and are transported to the respondent's plant in interstate commerce. During 1938 the respondent's sales amounted to $309,956.47, of which $234,- 006.59 represent , sales made to the Stoner Corporation, and $135,949.88 represent sales to other customers. During 1938 the Stoner Corporation caused finished products of the value of $194,225.48 to be sold and transported from the plant in Illinois to States other than the State of Illinois. In 1938 the respondent sold and shipped to States other than the State of Illinois fin- ished products of the value of $126,211.62. The respondent admits that its operations affect commerce within the meaning of Section 2 (6) and (7) of the Act. The respondent employs about 200 persons. IV. This stipulation may be introduced as evidence by filing it with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. V. Oral argument before the National Labor Relations Board at Washington, D. C. is hereby expressly waived by the re- spondent and the Unions herein. The respondent and the 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Unions hereby withdraw their respective exceptions to the In- termediate Report. , VI. Upon this stipulation, the Intermediate Report, and upon the record herein, an order may forthwith be entered by the National Labor Relations Board without further notice and proceedings, providing as follows : The respondent Stoner Manufacturing Corporation, Aurora, Illinois, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist the International Association of Machinists, Local No. 1202, International Brotherhood of Electrical Workers, Local No. 461, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers Union of America, Local No. 423, and Metal Trades Department of the American Fed- eration of Labor, Affiliated with the American Federation of Labor, or any other labor organization, and to engage in con- certed activities for the purposes of collective bargaining or other mutual aid and protection; and (b) Discouraging membership in the International Asso- ciation of Machinists, Local No. 1202, International Brother- hood of Electrical Workers, Local No. 461, and International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers Union of America, Local No. 423, or any other labor organi- zation, by discrimination in regard to, hire or tenure of em- ployment. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Post immediately in conspicuous places in its plant at Aurora, Illinois, and maintain for a period of at least sixty (60) consecutive days, notices to its employees stating that the respondent will cease and desist in the manner aforesaid; (b) Offer to Ernest Breese, Francis Haake, Henry Hotopp, James Ingraham, Carl Maier, Steve Martin, Donald Rosen- treter, Edward Wagener, John Franzen, Pete Woliwert, John Kramoski, and Virginia Stegmann immediate and full rein- statement to their former positions without prejudice to their seniority and other rights and privileges; (c) Upon application, offer to those of its employees who were employed by the respondent on April 17, 1939, though on strike and who subsequently remained on strike, and who have not obtained other and substantially similar employment, except those as to whom the complaint is herein, dismissed, STONER MANUFACTURING CORPORATION 269 immediate and full reinstatement to their former positions without prejudice to their seniority or other rights and privi- leges, dismissing if necessary all persons hired to perform their work since April 17, 1939; and (d) File with the Regional Director for the Thirteenth Region on or before twenty (20) days from the, date of the entry of this Order, a report in writing setting forth in detail the manner and form in which it has complied with the foregoing. It is further ordered that the complaint as amended, in so far as it alleges that respondent has engaged in unfair labor practices within the meaning of Section 8 (5) of the Act, be and it hereby is dismissed. And it is further ordered that, the complaint as amended, in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act, by laying off and discharging Matthew Wollwert, Louis Fabian, Jr., Alice Dwiggins, Nicholas Tolian, Edward Ginther, Theodore Adams, George Clark, Harold Holt, Ann Murphy, Harry Parker, Peter Kramer, and Fred Snyder, be and it hereby is dismissed. VII. It is stipulated and agreed that the United States Circuit Court of Appeals for the Seventh Circuit may, upon application by the National Labor Relations Board, enter a decree enforcing the aforesaid Order of the Board, the respondent and the Unions hereby expressly waiving any right to contest the entry of said decree, and further, said application may be made at any time convenient to said Board and without further notice, to the respondent or the Unions of the application for entry of such decree. VIII. It is further stipulated, understood, and agreed that the execution of this stipulation and said consent decree by the parties hereto and compliance therewith shall conclude all mat- ters arising in this proceeding, but shall not preclude the taking of any steps necessary to procure the entry of said consent decree in the United States Circuit Court of Appeals for the Seventh Circuit. IX. It is further understood and agreed that this stipulation em- bodies the entire agreement between the parties concerning this proceeding and that there is no verbal agreement of any kind which varies, alters or adds to the stipulation. X. It is further understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board 270' DECISIONS OF NATIONAL LABOR RELATIONS BOARD and shall- become effective and binding iiiimediately upon such approval. On September 4, 1940, the Board issued its order approving the above stipulation and making it part of the record in the case. 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 Respondent, Stoner Manufacturing Corporation , is an Illinois cor- poration with its office and principal place of business at Aurora, Illi- nois, where it is engaged in the design, manufacture , and sale of coin- operating machines, vending machines, amusement games, and toys. During 1938, the respondent purchased raw materials consisting of steel, lumber, brass , paint, bakelite, glass, and other materials of a total value of $51 ,385.40 and mechanical gadgets and electrical step-ups, of a value of $56,833.88 . Approximately 27 per cent in value of such raw materials were purchased in States other than Illinois and trans- ported to the respondent 's plant in interstate commerce. During the year 1938, the respondent's sales of finished products amounted to $309,956.47. Of such finished products more than 86 per cent in value were sold either directly by the respondent or through the medium of the Stoner Corporation , a subsidiary corporation which acts as the respondent's sales agent, to purchasers in States other than the State of Illinois. The respondent employs approximately 200 persons.. It admits that its operations affect commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations of the respondent con- stitute a continuous flow of trade , traffic, transportation , and commerce among the several States. ORDER Upon the basis of the above findings of fact, 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 , Stoner Manufacturing Corporation , Aurora, Illi- nois, and its officers, agents , successors , and assigns, shall : 1. Cease and desist from : (a) Interfering with, restraining, or coercing its employees in the exercise of their right to self-organization , to form, join, or assist the Initernational Association of Machinists, Local No. 1202, International Brotherhood of Electrical Workers, Local No. 461 , International Brotherhood of Teamsters, Chauffeurs , Stablemen and Helpers Union STONER -MANUFACTURING CORPORATION 271 of America, Local No. 423, and Metal Trades Department of the Amer- ican Federation of Labor, Affiliated with the American Federation of Labor, or any other labor organization, and to -engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection ; and (b) Discouraging membership in the International Association of Machinists, Local No. 1202, International Brotherhood of Electrical Workers, Local No. 461, and International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers Union of America, Local No. 423, or any other labor organization, by discrimination in regard to hire or tenure of employment. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Post immediately in conspicuous places in its plant at Aurora, Illinois, and maintain for a period of at least sixty (60) consecutive . days, notices to its employees stating that the respondent will cease and desist in the manner aforesaid; (b) Offer to Ernest Breese, Francis Haake, Henry Hotopp, James Ingraham, Carl Maier, Steve Martin, Donald Rosentreter, Edward Wabener, John Franzen, Pete Wollwert, John Kramoski, and Virginia Stegmann immediate and full reinstatement to their former positions without prejudice to their seniority and other rights and privileges; (c) Upon application, offer to those of its employees who were employed by the respondent on April 17, 1939, though on strike and who subsequently remained on strike, and who have not obtained other and substantially similar employment, except those as to whom the complaint is herein dismissed, immediate and full reinstatement to their former positions without prejudice to their seniority or other rights and privileges, dismissing if necessary all persons hired to per- form their work since April 17, 1939; and (d) File with the Regional Director for the Thirteenth Region on or before twenty (20) days from the date of the entry of this Order, a report in writing setting forth in detail the manner and form in which it has complied with the foregoing. It is further ordered that the complaint as amended, in so far as it alleges that respondent has engaged in unfair labor practices within the meaning of Section 8 (5) of the Act, be, and it hereby is, dismissed. And it is further ordered that the complaint as amended, in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act, by laying off and discharging Matthew Wollwert, Louis Fabian, Jr., Alice Dwiggins, Nicholas Tolian, Edward Ginther, Theodore Adams, George Clark, Harold Holt, Ann Murphy, Harry Parker, Peter Kramer, and Fred Snyder, be, and it hereby is, dismissed.