J. J. Stanton Transportation Co.

In the Matter Of WALTER UTZINGER, DOING BUSINESS AS J. J. STANTON TRANSPORTATION COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA, LOCAL No. 13. Case No. C-1718.-Decided November 18, 1940 Jurisdiction : motor transportation industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Wilbur M. Alter, of Denver, Colo., for the respondent. Mr. R. R. Keigley, of Denver, Colo., for the Union. Miss Mary Metlay, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No. 13, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twenty-second Region (Denver, Colorado) issued its complaint dated October 5, 1940, against Walter Utzinger, doing business as J. J. Stanton Transportation Company,' herein called the respondent. The complaint alleged that the respondent had engaged in and was engaging in unf air labor practices affecting com- merce, 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, together with notice of hear- ing thereon were duly served uponthe respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance (1) that on or about May 12, 1940, the respondent refused to hire Jim Duncan, Mahlon Saunders, Vern McLean, H. K. Wilson, 'On October 5, 1940, pursuant to an order consolidating the cases, a complaint based upon two separate charges against J J Stanton, doing business as J.' J. Stanton Transportation Company and Walter Utzinger, doing business as J J. Stanton Trans- portation Company, was issued. On October 23, 1940, the Board ordered that the cases be, and theyaiere,'severed 28 N. L R. R. No. 7. 13 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and J. D. Garrett, because they joined and assisted the Union and engaged in concerted activities with other employees for the purposes of collective bargaining and other mutual aid and protection; (2) that from May 19, 1940, down to and including the date of the filing of the complaint, the respondent has urged , persuaded, and warned 'his em- ployees to refrain from joining or retaining membership in the Union, and from engaging in concerted activities with other employees for the purposes of collective bargaining and other mutual aid and pro- tection, and has threatened his employees with discharge if they joined or assisted the Union ; and (3 ) that by the aforementioned acts and conduct, the respondent has interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. - On October 28, 1940, before any hearing was held, the respondent, the Union , and the Regional Director entered into a stipulation in settlement of the case. The stipulation provided as follows : Charges having been filed with the Regional Director, Na- tional Labor Relations Board, Twenty-Second Region, complaint was issued and served on all parties wherein and whereby it was alleged that the respondent engaged in unfair labor practices in violation of Section 8, Sub-sections (1) and (3) of the National Labor Relations Act (49 Stat. 449 ). All parties hereto ac- knowledge service of the Complaint , Notice of Hearing, and Charge. It being the intention of the parties to dispose of the matters which have arisen, it is hereby stipulated and agreed by and among Walter Utzinger, doing business as J. J. Stanton Trans- portation Company, by his attorney, Wilbur Alter ; International, Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No. 13, by its business representative , R. R. Keig- ley; and by Charles A. Graham, Regional Director, National Labor Relations Board, Twenty-Second Region, as follows : I The respondent , Walter Utzinger , doing business as J. J. Stan- ton Transportation Company, has since on or about May 19, 1940, carried on the said business , with his principal office and place of business in Craig, Moffat County, Colorado . The respondent is engaged in the business of transferring , trucking, transporting, and carrying for compensation goods, wares , merchandise, and ore, of which the respondent transports in excess of 2,500 tons during an average month . More than fifty per cent of such goods, wares , merchandise, and ore are transported by the re- spondent from points outside the State of Colorado to points WALTER LJTZINGER 15 within the State of Colorado, and from points within the State of" Colorado to points outside the State of Colorado. The re- spondent admits for the purpose of this proceeding that it is, engaged in interstate commerce within the meaning of Section 2, Sub-sections (6) and (7) of the National Labor Relations-Act. II All parties hereto waive all further and other procedure pro- vided by, the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board, including the taking of testimony and the making of findings of fact and conclusions of law. III This Stipulation, together with the Charge, Complaint, and Notice of Hearing, may be introduced in evidence by -filing them with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., and shall constitute the record in this case. IV Respondent agrees to make whole Jim Duncan, Vern McLean, H. K. Wilson, and J. D. Garrett by paying to each of them the sum of Two Hundred and Twenty-five Dollars .($225.00) ; and to make whole Mahlon Saunders by paying to him the sum of Seventy-five Dollars ($75.00). It is understood and agreed that the payment of the above sums is in full satisfaction of any and all claims that the said named individuals may have or had be- cause of any matter growing out of the charges heretofore filed or the complaint herein. V On the basis of the facts stipulated in paragraph I above, the pleadings and the record described in paragraph III above, this stipulation, and by agreement of the parties hereto, the National Labor Relations Board-may enter its order in the following form in the above-entitled case : ORDER The National Labor Relations Board hereby orders that Walter Utzinger, doing business as J.• J. Stanton Transportation Com- pany, his officers, agents, successors, and assigns will : 1. Refrain from : (a) In any rhanner interfering with, restraining, or coercing his employees in the exercise of their rights in self-organization 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 National Labor Relations Act; (b) Discriminating against any employee because of his mem- bership in or activities on behalf of the International Brother- hood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No. 13; (c) Discouraging membership in the International Brother- hood of Teamsters, Chauffeurs, Stablemen and Helpers of Amer- ica, Local No. 13, or any other labor organization of his employees. 2. Take the following affirmative action to effectuate the poli- cies -of the Act : (a) Post notices in conspicuous places in his garage and place of business in Craig, Colorado, for a period of sixty (60) con- secutive days, stating that he will refrain in the manner afore- mentioned ; (b) Pay the stated sum of $225.00 each to Jim Duncan, Vern McLean, H. K. Wilson, and J. D. Garrett, and the stated sum of $75.00 to Mahlon Saunders ; (c) Notify the Regional Director for the Twenty-Second Re- gion in writing within ten days from the date of the approval of this stipulation by the National Labor Relations Board as to the steps the respondent has taken to comply with said order. - VI The respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application of the Board, of a consent decree enforcing an order of the Board in the form hereinabove set forth , and hereby waives further notice of the application for such decree. The Board will, as soon as conveniently possible , make application for said consent decree. VII It-is understood and agreed that this stipulation embodies the entire agreement between the parties and there is no verbal agree- ment of any kind which varies, alters or adds to this stipulation. VIII It is understood and agreed further that this stipulation is sub- ject to the approval of the National Labor Relations Board and WALTER UTZINGER 17 shall become effective immediately upon receipt of notice granting such approval. On November 5, 1940, the Board issued its Order approving the above stipulation, making it part of the record , and transferring the proceeding 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, having his principal office and place of business in Craig, Moffat County , Colorado, is engaged in the business of trans- ferring, trucking, transporting, and carrying for compensation , goods, wares, merchandise , and ore. The respondent transports more than 2,500 tons of goods, wares , merchandise , and ore during an average month, more than 50 percent of which are transported by the respond- ent from points outside the State of Colorado , to points within the State of Colorado, and from points within the State of Colorado to points outside the State -of Colorado. The respondent concedes for the purpose of the proceeding that it is engaged in interstate 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 Walter Utzinger , doing business as J. J . Stanton Transpor- tation Company, his officers, agents, successors, and assigns will : 1. Refrain from : (a) In any manner interfering with, restraining, or coercing his employees in the exercise of their rights in self-organization to form, join or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing and to engage in concerted activ- ities for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; - (b) Discriminating against any employee because of his membership in or activities on behalf of the International Brotherhood of, Team- sters, Chauffeurs, Stablemen and Helpers of America , Local No. 13; IS DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Discouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No. 13, or any other labor organization of his employees. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Post notices in conspicuous places in his garage and place of business in Craig, Colorado, for a period of sixty (60) consecutive days, stating that he will refrain in the manner aforementioned; (b) Pay the stated sum of $225.00 each to Jim Duncan, Vern McLean, H. K. Wilson, and J. D. Garrett, and the stated sum of $75.00 to Mahlon Saunders; (c) Notify the Regional Director for the Twenty-Second Region in writing within ten days from the date of the approval of this stipula- tion by the National Labor Relations Board ' as to the steps the re- spondent has taken to comply with said order.