Wm. Lans Co.

In the Matter of WM. LANS Co. and INTERNATIONAL HOD CARRIERS, BUILDING AND COMMON LABORERS' UNION OF AMERICA, LOCAL No. 1426 (A. F. L.) - Case No. C-1740.-Decided December 13, 1940 Jurisdiction : junk industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Frederick P. Mett, for the Board. Arnold, Caskey cf;.Robson, by Mr. W. H. Arnold, of Beloit,,Wis., for the respondent. 11r. Carl E. Bunce, of Janesville, Wis., for the Union. Miss Mary Metlay, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon 'charges and amended charges duly filed by International Hod Carriers', Building and Common Laborers' Union of America,, Local No. 1426 (A. F. L.), herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twelfth Region ( Milwaukee, Wisconsin ), issued its complaint dated October 29 , 1940, against Win. Lans Co., herein called the respondent . The complaint alleged 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 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: (1) that the respondent discharged Yates Hughes, Leo Dunaway, Tony Son'-al, Harry Neblock, and Remus Goodwin on September 29, 1939, and refused to reinstate said employees until October 4, 1939, because of their membership in and activities on -behalf of the Union ; (2) that the respondent reinstated said em- ployees on October 4, 1 939, but did not make them whole for the 28 N. L. R . B., No. 80 526 WM., LAMS CO. 527 losses incurred by them as a result of the discharge; (3) that the respondent discharged John White, Walter Jones, and Hayes White on September 29, 1939, and Harry Neblock on April 13, 1940, and has since refused to reinstate them because of their membership in and activity on, behalf of the Union; (4) that the respondent pro- voked and caused the resignation of Leo Dunaway on March 21, 1940, and thereby terminated his employment because of his mem- bership in and activity on behalf of the Union; and (5) 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. The respondent filed its answer on November 8, 1940, denying the commission of the unfair labor practices alleged in the complaint. Pursuant to notice a hearing was held on November 19, 1940, be- fore Peter F. Ward, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented- - by counsel, and participated in the hearing.' On November 20, 1940, the respondent, the Union, and counsel for the Board entered into a stipulation. The stipulation provides as follows : ' IT IS HEREBY STIPULATED AND AGREED by and between the Wm. Lans Co., hereinafter called the Respondent, International Hod Carriers', Building and Common Laborers' Union of America, Local No. 1426 (A. F. L.), hereinafter called the Union, and Frederick P. Mett, Regional Attorney for the Twelfth Region of the National Labor Relations Board (Milwaukee, Wisconsin), as follows : I Upon Charges and Amended Charges, duly filed by the Union, the National Labor Relations Board, hereinafter called the Board, on October 29, 1940, by its Regional Director for the Twelfth Region, issued and, duly served upon the Respondent and the Union a Complaint alleging that the Respondent had engaged in, and was engaging in unfair labor practices, within the meaning of Section 8, subsections (1) and (3), and' Section 2, subsections (6) and (7) of the National Labor Relations Act, hereinafter called the Act. On November 8, 1940, the Respondent duly filed with the said Regional. Director an Answer to the allegations of the said Complaint denying therein that it,had 1 After the introduction of the formal papers by the Board's attorney, the hearing was adjourned on the representation of counsel for the board , the respondent, and the Union that the parties were in agreement concerning a. stipulation. 528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD committed any of the unfair labor practices as alleged in the Complaint . Upon due notice, the Respondent, the Union, and the Board convened at Beloit, Wisconsin, on November 19, 1940, before Peter F. Ward, a Trial Examiner duly designated by the Board , for the purpose of a hearing upon the allegations of the Complaint. The hearing was opened by the Trial Examiner, and the formal exhibits , including the pleadings herein, were offered and admitted in evidence ; the parties hereto, being in agreement upon the provisions of this Stipulation , the ' hearing was thereupon indefinitely postponed. II The Respondent, Wm. Lans Co ., is a partnership , having, its office and places of business at Beloit, Wisconsin , where it has been engaged for some time past, and is now engaged in pur- chasing, sorting, cutting, grading, and selling scrap iron, rags, paper, and other kinds of junk. . The Respondent operates two yards in Beloit, WisconSill, .both of which are connected by sidings with the Chicago & North Western Railway Company, and one of which is also connected with the Chicago, Milwaukee, St. Paul R Pacific-Railway Com- pany. The Respondent , in the course and conduct of its busi- ness, causes and has , continuously caused quantities -of scrap iron to be purchased and transported from points in the State of Illinois to its places of business in Beloit, Wisconsin ; annually the Respondent so purchases and transports a total of approxi- mately two carloads of scrap iron . Approximately 90% of the materials annually purchased by the Respondent originates in the State of Wisconsin ; the remainder is purchased and trans- ported from points outside of the State of Wisconsin to the Respondent's places of business at Beloit, Wisconsin. The Respondent, in the course and conduct of its business, causes and has continuously caused large quantities of scrap iron, rags, paper, and other kinds of 'junk, to be sold, trans- ported, and distributed in interstate commerce, from its places of business in Beloit, Wisconsin, into and through states of the United States other than the state of Wisconsin. Of the materials sold by the Respondent annually, approximately forty percent in tonnage, and sixty percent in dollar value , is shipped by it to points outside the state of Wisconsin. Annually the Respondent sells and ships approximately 7,000 tons, in the aggregate, of scrap iron , rags, paper, land other kinds of junk. WM. LANS. CO. 529 At times,the Respondent sends certain of its employees from its places of business at Beloit, Wisconsin, into the state of Illinois, for the purpose of working on materials purchased by it, and for the purpose of transporting such materials to its places of business at Beloit, Wisconsin. III The Respondent and the Union, in this proceeding waive any further hearing and any other procedure provided by the Act or by the Rules and Regulations of the Board, including the making of Findings of Fact and Conclusions of Law. ' IV Upon the facts stipulated in paragraph II above, upon the pleadings admitted in evidence herein, and upon this Stipulation, the Board may enter an Order in this case, to the following effect : ORDER Upon the basis of this Stipulation and the pleadings here- tofore admitted in evidence in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, Wm. Lans Co.; its partners, agents, successors and assigns shall : 1. Cease and desist from : "(a) Discouraging membership in International Hod'Carriers', Building and Common Laborers' Union of America, Local No. 1426 (A. F. L.), or any other labor organization of its employees by laying off, discharging, refusing to reinstate, or in any other manner discriminating in regard to the hire or tenure of em- ployment of its employees because of their membership in, or activity in connection with, any such labor organization; (b) 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 bar- gain 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) -Make whole, each of the following named persons for the loss of pay which he has suffered by reason of his discharge 530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - and/or failure to be reinstated, in the amount set forth opposite his name : Remus Goodwin------------------------------------ $7.00 Tony Songal---------------------------------------- 7.50 Yates Hughes-------------------------------------- 7.50 Walter Jones--------------------------------------- 50.00 Harry Neblock------------------------------------- 50.00 Leo Dunaway--------------------------------------- 50 00 John White---------------------------------------- 164.00 Hayes White--------------------------------------- 164.00 (b) Post immediately in conspicuous places at its 'office-sand yards, in Beloit, Wisconsin, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees, stating : (1) That the Respondent will not engage in the conduct from which it is ordered to'cease and desist in paragraphs 1' (a) and (b) of this Order ' (c) Notify the Regional Director of the Twelfth Region of the National Labor Relations Board, in writing, within ten (10) days from the date of this Order, of the steps the Respond- ent has taken to comply herewith. V Upon application by the Board, notice of which is hereby waived, the Circuit Court of Appeals for an appropriate Circuit may enter a Decree enforcing the aforesaid Board Order. VI The Respondent agrees to bargain collectively with the union as the representative of its members. VII This Stipulation embodies the entire agreement between thel parties, and there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation. VIII This Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice of the granting of such approval. WM. LANS CO. ` 531 On, November 28, 1910, 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, a partnership, having its principal office and places of business in Beloit, Wisconsin, is-engaged in-the business of purchasing, sorting, cutting, grading, and selling scrap iron, rags, paper; and other types of junk. It operates two yards'in Beloit, Wisconsin, both of which are connected by -sidings with the Chicago & Northwestern Railway Company and one of which is also connected with the Chicago, Milwaukee, St. Paul & Pacific. Railway Company. The respondent - purchases and transports annually, approximately two carloads of scrap iron from points within the State of Illinois to its places of business in Beloit, Wisconsin. Approximately 10 per- cent of the materials purchased annually-by the respondent is pur- chased from points outside the State of Wisconsin. The respondent sells and ships annually about 7,000 tons in the aggregate of scrap iron, rags, paper, and other types of junk. Of the materials sold,by the 'respondent, approximately 40 percent in tonnage and 60 percent in dollar value are shipped by it, to points outside the State of Wisconsin. 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 this stipulation acid the pleadings heretofore admitted in evidence in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board her orders that the respondent, Wm. Lans Co., its partners, agents, successors, and assigns shall: 1. Cease and' desist from : (a) Discouraging membership in International Hod Carriers', Building and Common Laborers' Union of America, Local No. 1426 (A. F. L.), or any other labor organization of its employees, by laying off, discharging, refusing to reinstate, or in any other manner discriminating in regard to the hire or tenure of employment of its employees because of their membership in, or activity in connection with, any such labor organization; 413597-42-vol 28-35 532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) In any other manner interfering with, restraining, or- coerc- ing 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 con- certed 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) Make whole each of the following named persons for the loss of pay which he has suffered by reason of his discharge and/or fail- ure, to be reinstated, in the amount set forth opposite his name : Remus Goodwin-- --------------------------------------- $7.00 Tony Songal---------------------- ----------------------- 7.50 Yates Hughes-------------------------------------------- 7.50 Walter Jones-------------------------------------------- 5000 Harry Neblock----------------------------------------- -- 50.00, Leo Dunaway-------------------------------------------- 50.00 John White--------------------------------------------- 164 00 Hayes White -------------------------------------------- 164.00 (b) Post immediately in conspicuous places at its offices and yards, in Beloit, Wisconsin, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees, stating (1) That the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) ai:d "(b) of this Order .(c) Notify the Regional Director of the Twelfth Region of the National Labor Relations Board, in writing, within ten (10) days from the date of this Order, of the steps the respondent has taken to comply herewith. .