H.L. Robinson Co.

In the Matter of H. L. ROBINSON COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 48, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR - Case No. C-1749.-Decided December 17, 1940 Jurisdiction : neon sign manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Thomas P. Graham, Jr., for the Board. Mr. 0. A. Rieman, of San Francisco, Calif., for the Union. Mr. C. X. Bollenback, of Portland, Oreg., for the respondent. Miss Edna Loeb, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Brotherhood of Electrical Workers, Local No. 48, 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 Nineteenth Region (Seattle, Washington), issued its complaint, dated November 7, 1940, against H. L. Robinson, doing business under the firm name and style of H. L. Robinson Company, Portland, Oregon, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices 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. The complaint alleged in substance that (1) the respondent de- moted Bruce Calhoun, an employee, to a less desirable position on or about May 13, 1940, discharged him on July 26, 1940, and there- after refused to reinstate him, because he joined and assisted the Union; (2) since February 1940 the respondent has warned his em- ployees that the plant would close if they joined or assisted the Union, questioned them regarding their union affiliation, and dis- 28 N. L. R. B.. No. 95. 644 H. L. ROBINSON COMPANY 645 garaged labor organizations; and (3) by these and other acts the respondent interfered with, restrained, and coerced his employees in the exercise of rights guaranteed in Section 7 of the Act. - On November 19, 1940, the respondent filed an answer to the com- plaint, admitting certain allegations regarding the nature and scope of his business, but denying that he had engaged in the alleged unfair labor practices. Pursuant to notice, a hearing was held on November 28 and 29, 1940, at Portland , Oregon, before Peter F. Ward, the Trial Examiner duly designated by the Board. The Board and the respondent were represented by counsel, the Union by a representative. Shortly after its commencement, the hearing was recessed to permit the parties to attempt to settle the case without further hearing . On November 29, 1940, the parties entered into a stipulation proposing settlement of the case. This stipulation was introduced into evidence and the hear- ing was adjourned indefinitely pending the Board's approval thereof. The stipulation provides as follows : It is hereby stipulated by and between H. L. Robinson, doing - business under the assumed business name of H. L. Robinson Company, hereinafter referred to as respondent, by and through his attorney, C. X. Bollenback ; International Brotherhood of Electrical Workers, Local No. 48 , hereinafter referred to as the union, by and through its International Representative, O. A. Rieman ; and Thomas P. Graham, Jr., attorney for the National Labor Relations Board, Nineteenth Region. Whereas, upon charges and amended charges duly filed by the union , the Na- tional Labor Relations Board, hereinafter referred to as the Board by the Regional Director for the Nineteenth Region, pursuant , to authority granted in Section 10 (b) the National Labor Relations Act (49, statute 449) and its rules and regula- tions Series 2 as amended, Article 4, Section 1, on the seventh day of November, 1940 issued its complaint against the respond- ent, alleging that the respondent had committed unfair labor practices in violation of Section 8, Subsection 1 and 3 of the National Labor Relations Act. I The respondent is engaged in the manufacture , leasing and servicing of neon signs and does business under the assumed business name of H. L. Robinson Company. The principal place of business and office of the respondent are located in Portland, Oregon. 646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II The respondent has approximately 1250 neon signs which the respondent manufactured in the State of Oregon, 900 of which are leased by the respondent to customers in the State of Oregon and has approximately 350 neon signs which the respondent has leased to customers in the State of Washington. III During the year 1939 the respondent manfactured approxi- mately 350 neon signs and during the first nine months of the year 1940 the respondent manufactured approximately 270 neon signs. Of the signs manufactured by the respondent each year approximately 25 % of the signs are sold or leased to customers located in states other than the State of Oregon. The annual valuation of the products manufactured by the respondent is approximately $100,000.00. The respondent owns and operates five trucks, which are used in the maintenance and servicing of neon signs. The maintenance employees travel in these trucks from Portland, Oregon to other parts of Oregon and to and into the State of Washington for the purpose of installing and maintaining neon signs. The respondent has about four main- tenance employees who spend approximately 50% of their work- ing time in the State of Oregon and 50% of their working time in the State of Washington. IV The respondent uses annually approximately 7,200 lbs. of glass tubing which is manufactured in Corning, New York. The respondent uses annually approximately 35 liters of gas manu- factured in Chicago, Illinois and Buffalo, New York, and approxi- mately $200.00 of electrodes which are manufactured in Chicago,. Illinois and Newark, New Jersey. These materials are all pur- chased from the'Decla Sales Company in Portland, Oregon. The Decla Sales Company is an international distributing company. The respondent uses approximately 2 tons of sheet metal annually. The sheet metal is manufactured in states other than the State of Oregon and is purchased by the respondent in Portland, Oregon. V The respondent employs approximately 18 employees, 4 of whom are engaged in office work and 14 in production and main- tenance work. H. L. ROBINSON COMPANY VI 647 The respondent, solely for the purpose of this proceeding, admits that he is engaged in commerce within the meaning of the Act and the decisions of the Supreme Court thereunder. VII International Brotherhood of Electrical Workers, Local 48, affiliated with the American Federation of Labor, is a labor organ- ization within the meaning of the Act. VIII This stipulation, together with the various pleadings, the tran- script of the proceedings taken and the exhibits introduced in evidence, shall constitute the record in this case upon which the Board may enter its order and upon which any Circuit Court of the United States may enforce the order which the Board may enter. IX The taking of testimony in this proceeding and the making of findings of fact and the conclusions of law by the Board pursuant to the provisions of the Act are hereby expressly waived by the re- spondent and the union, and the Board's order as herein provided shall have the same force and effect as if made after a full hearing on presentation of evidence in the making of findings thereon. X While denying that he has violated in the past any of the pro- visions of the Act, the respondent expressly consents that upon this stipulation and the record herein an order may forthwith be made and entered by the Board as follows : Respondent, H. L. Robinson, his agents, officers, successors and assigns, shall 1. Cease and desist from : (a) In any manner interfering with, restraining; or coerc- ing his employees in the exercise of the right to self organiza- tion, 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 National Labor Relations'Act; (b) Discouraging membership in Local 48, chartered by the International Brotherhood of Electrical Workers, affiliated, 648 DECISIONS OF NATIONAL LABOR RELATIONS 130ARD with the American Federation of Labor, or in any other labor organization of its employees, by demoting, discharging or threatening to discharge, or refusing to reinstate any of his employees, or in any other manner discriminating in regard to his employees' hire and tenure of employment or any term or condition of their employment, for joining or assisting said Local 48 or any other labor organization of his employees; (c) Permitting his foremen or other supervisory employees to urge, pursuade or warn his employees for the purpose of influencing or coercing them in their choice of a labor organization. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Post immediately and keep posted in, a conspicuous and prominent place in his Portland, Oregon factory and maintain for a period of at least 60 consecutive days from the date of posting a notice to his employees stating (1) that the respondent will 'not engage in the conduct from which he is ordered to cease and desist in Paragraph 1 (a), (b) and (c) of this order and .(2) that the respondents employees are free to become or remain members of Local 48 and that the respondent will not discriminate against any employee be- cause of membership or activity in that organization ; (b) Notify the Regional Director for the Nineteenth Region in writing within ten days from the date of, the order of the Board what steps have been taken to comply therewith. XI It is further stipulated that the appropriate United States Circuit Court of Appeals may upon application of the Board enter a decree enforcing the aforesaid order of the Board, all parties expressly waiving their right to contest entry of such decree in the appropriate United States Circuit Court of Ap- peals and further expressly waiving their right to receive notice of the filing by the Board of an application for the entry of such decree. XII It is further stipulated and agreed that Bruce Calhoun 'has received substantially equiyalent employment elsewhere and is not desirous of being reemployed by the respondent at his for- mer position, and it is further stipulated that Paragraph VI of the complaint shall be dismissed. H. L. ROBINSON COMPANY 649 XIII This stipulation is subject to the approval of the Board after submission of the same to the Board at Washington , D. C. If, this stipulation is not approved by the Board, it shall be with- out prejudice and shall not be used as evidence against any of the parties. XIV This stipulation contains the entire agreement- of the parties, and there are no verbal agreements which violate, alter or modify this stipulation. On December 9, 1940 , the Board issued and duly served on the parties an order approving the stipulation , making it a part of the record in this case, and, in accordance with Article II, Section 36,' of National Labor Relations Board Rules and Regulations-Series 2, as amended , transferring the case to and continuing it before the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation. Upon the basis of the stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT The respondent, H. L. Robinson , is an individual doing business under the firm name and style of H. L. Robinson Company, and his office and principal place of business is in Portland, Oregon. He is engaged in the manufacture , leasing, and, servicing of neon signs, and he-employs approximately 18 employees . The respondent uses annually approximately 7,200 pounds of glass tubing , approxi- mately 35 liters of gas, electrodes valued at approximately $200, and two tons of sheet metal , all of which are manufactured outside Ore- gon and are purchased by the respondent from distributing agencies located in Portland . The respondent manufactures annually neon signs valued at approximately $100,000, about 25 per cent of which are sold or leased to customers outside Oregon. The respondent owns approximately 1,250 signs, of which about 350, or 28 , per cent, are ,leased to persons outside Oregon. The respondent employs about four maintenance employees who spend approximately 50 per cent of their working time installing and maintaining signs outside Ore- gon, using for these purposes five trucks owned by the respondent. The respondent admits, for the purpose of this proceeding , that he is engaged in 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.' 650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the foregoing findings of fact, the 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, H. L. Robinson, his agents, officers, successors and assigns, shall 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing his 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 National Labor Relations Act; (b) Discouraging membership in Local 48, chartered by the Inter- national Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, or in any other labor organization of its employees, by demoting, discharging or threatening to dis- charge, or refusing to reinstate any of his employees, or in any other manner discriminating in regard to his employees' hire and tenure of employment or any term or condition of their employment, for joining or assisting said Local 48 or any other labor organization of his employees; (c) Permitting his foremen or other supervisory employees to urge, persuade or warn his employees for the purpose of influencing or coercing them in their choice of a labor organization. 2. Take the following affirmative action in order to effectuate the policies of the Act : (6-) Post immediately and keep posted in a conspicuous and prom- inent place in his Portland, Oregon factory and maintain for a period of at least 60 consecutive days from the date of posting a notice to his employees stating (1) that the respondent will not engage in the conduct from which he is ordered to cease and desist in Paragraph 1 (a), (b) and (c) of this order and (2) that the respondent's employees are free to become or remain-members of Local 48 and that the respondent will not discriminate against any employee because of membership or activity in that organization; (b) Notify the Regional Director for the Nineteenth Region in writing within ten days from the date of the order of the Board what steps have been taken to comply therewith. AND IT IS FURTHER ORDERED that paragraph VI of the complaint be, and it hereby is, dismissed.