Metropolitan Wire Goods Corp.

In the Matter of METROPOLITAN WIRE GOODS CORPORATION and LOCAL 1225 OF THE UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO Case No. C-1736.-Decided December 5,1940 Jurisdiction : wire products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders :- entered on stipulation. Mr. Richard J. Hickey, for the Board. Mr. Maurice R.' Whitebook, of New York City, for-the Company. Mr. Frank Scheirer, of New York City, for the Union. Mr. Raymond J. Compton, of counsel'to the Board. DECISION AND ORDER STATEMENT OF TIIE CASE Upon charges and amended charges duly filed by Local 1225 of the United Electrical, Radio & Machine Workers of America, CIO, herein called the Union, the National Labor 'Relations Board; herein called the Board, by the Regional Director for the seconded egion (New York City)-, issued its complaint, "dated - October^T15; 1940, against Metropolitan Wire Goods Corporation, Brooklyn; Ne`v^ York, herein called the respondent, alleging that the respondent had en- gaged in and was engaging in unfair 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 and notice of hearing were duly served upon the respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance that the respondent (1) on or about January 4, 1940, discharged and thereafter refused to reinstate Martin Weiss for the reason that he joined and assisted the Union for the purpose of col- lective bargaining and other mutal aid and protection; and (2) by the afore-mentioned acts, by urging, persuading, and warning its employees to refrain frgin either becoming or remaining members of 28 N L R. B, No. 57. 339 413597-42-vol 2S--23 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union, by threatening them with discharge or other reprisals if they aided the Union or members thereof, by maintaining surveil- lance over meetings of the Union, and, by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act: On October 28, 1940, the re- spondent filed an answer to the complaint, admitting the allegations of the complaint as to the nature of its business, but denying that it had committed the unfair labor practices alleged therein. On No- vember 12, 1940, before any hearing was held, the respondent, the Union, and counsel for the Board entered into a settlement stipu- lation providing as follows : STIPULATION It is hereby stipulated and agreed by and between Metropoli- tan Wire Goods Corporation, Local 1225 of the United Electrical, 'Radio' & Machine Workers of America, CIO, and Richard J. Hickey, attorney, National Labor Relations Board, as follows : 1. Respondent Metropolitan Wire Goods Corporation is and has been since 1929 a corporation duly organized under and existing by virtue of the laws of the State of New York, having its principal office and place of business at 70 Washington Street, Brooklyn, in the County of Kings, City and State of New York. 2. Respondent is engaged in the manufacture, sale and distri- bution of wire baskets, general wire and steel ware and, related products. 3. Respondent consents to the jurisdiction of the National Labor Relations Board and concedes that it is engaged in inter- state commerce within the meaning of the National Labor Rela- tions Act, and for that purpose it supplies to the Board the fol- lowing information upon which the Board can make findings of fact : - (a) The principal raw materials purchased by the respond- ent are wire, steel, wood and rubber. During the six months period prior to February 15, 1940, the respondent purchased approximately 200 tons of such raw materials, 75 percent of which was shipped from places outside the State of New York to its plant located in New York, N. Y. During the same pe- riod, the respondent shipped approximately 195 tons of fin- ished products, 60 percent of which was shipped to places out- side the State of New York. The respondent has registered in the United States Patent Office the trademarks "Metro" and "sari-Stack." - METROPOLITAN WIRE GOODS CORPORATION 341 4. Local 1225 of the United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations , is a labor organization within the meaning of the National Labor Relations Act. The respondent waives its right to hearing and making of findings of fact and conclusions of the Board. 5. Upon the basis of the facts stipulated in paragraphs num- bered 1 to 4 above, the pleadings heretofore filed, this stipula- tion, 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 On the basis of this stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that respondent, its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) In any manner discouraging membership in Local 1225 of the United Electrical, Radio & Machine Workers of Amer- ica, CIO, or any other labor organization of its employees, or discriminating in regard to hire and tenure of employment, or any term or condition of employment; (b) In any other manner interfering with, restraining or coercing its employees in the exercise of the right 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 or protection, as guaranteed in Section 7 (b) of the Act. .2. Take the following affirmative action in order to effec- tuate the policies of the Act: (a) Pay to Martin Weiss the sum of one hundred and seventy-five ($175) Dollars for any loss of pay which he may have suffered by reason of his discharge; (b) Immediately post notices in conspicuous places through- out its plant and maintain such notices for a period of sixty (60) consecutive days, stating that the respondent will not engage in the practices ordered to cease and desist; (c) Notify the Regional Director for the Second Region in writing within twenty (20) days, what steps respondent has taken to comply with the terms of this Order. 6. The respondent hereby consents to the entry by the United States Circuit Court of Appeals, for the appropriate Circuit, 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD upon application by the Board, of a consent Decree enforcing the Order of the Board in substantially the same form as here- inabove set forth, and hereby waives further notice of the application for such Decree. 7. It is understood and agreed that the entire agreement is contained within the terms of this stipulation and said consent Order and that there is no verbal agreement of any kind which varies, alters or adds to this stipulation. 8. It is further understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On November 26, 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 r I. THE BUSINESS OF THE RESPONDENT The respondent is a New York corporation engaged in the manu- facture, sale, and distribution of wire baskets, general wire and steel ware, and related products. It maintains its principal office and place of business in Brooklyn, New York. The principal raw materials used by the respondent are wire, steel, wood, and rubber. During the 6-month period prior to February 15, 1940, the respondent purchased approximately 200 tons of such raw materials, 75 per cent of which were shipped from points outside the State of New York. During the same period, the respondent shipped approximately 195 tons of finished products, 60 per cent of which were shipped to points outside the,State of New York. The respondent stipulated, and we find, that the above described operations constitute a continuous flow of trade, traffic, and commerce among the several States, within the meaning of the Act. 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, Metropolitan Wire Goods Corporation, Brooklyn, New York, its officers, agents, successors and assigns, shall: METROPOLITAN WIRE GOODS CORPORATION 343 i 1. Cease and desist from : - I (a) In any manner discouraging membership in Local 1225 of the United Electrical, Radio & Machine Workers of America, CIO, or any other labor organization of its employees, or discriminating in regard to hire and tenure of employment, or any term or condition of employment; (b) In any other manner interfering with, restraining or coercing its employees in the exercise of the right 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 or protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Pay to Martin Weiss the sum of one hundred and seventy-five ($175) Dollars for any loss of pay which he may have suffered by reason of his discharge; (b) Immediately post notices in conspicuous places throughout_ its plant and maintain such notices for a period of sixty (60) con- secutive days, stating that the respondent will not engage in the practices ordered to cease and desist; (c) Notify the Regional Director for the Second Region in writing within twenty (20) days, what steps respondent has taken to comply with the terms of this Order.