Inland Rubber Corp.

In the Matter Of INLAND RUBBER CORPORATION and UNITED RUBBER WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUS- TRIAL ORGANIZATIONS Case No. C-1725.-Decided January 21, 1941 Jurisdiction : tire and inner tube manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Ordered : entered on stipulation. Mr. Charles F. McErlean for the Board. Messrs. Henry J. and Charles Aaron, of Chicago, Ill., for the respondent. Mr. Floyd Robinson, of Chicago, Ill., for the United. Mr. Raymond J. Compton, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by United Rubber Workers of America, affiliated with the Congress of Industrial Organizations, herein called the United, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint, dated October 24, 1940, against Inland Rubber Corporation,, Chicago, Illinois, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sec- tion 8 (1) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hearing were duly served upon the respondent and the United. With respect to the unfair labor practices, the complaint alleged in substance that the respondent, (1) from May 1, 1940, to the date thereof,- urged, persuaded, intimidated, and coerced its employees to join Rubber Workers Union, Local 20911, affiliated with the Ameri- can Federation of Labor, herein called Local 20911, and to refrain-, from joining the United; (2) aided and assisted Local 20911 to or- ganize its employees by permitting representatives of Local 20911 to, 29 N. L. R. B., No. 18. - 98 INLAND RUBBER CORPORATION 99 address its employees and to solicit applications for membership among them in the plant during working hours, by informing its employees that the plant would close if they did not join Local 20911, by permitting Local 20911 the use of the bulletin board in the plant, and by,denying similar privileges to representatives of the United; and (3) by the aforesaid and other acts interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On November 9, 1940, before any hearing was held, the respondent, the United, and counsel' for the Board entered into a stipulation in settlement of the case.' This stipulation provides as follows: I Upon changes duly filed by the United, the National Labor Relations Board, hereinafter called the Board, by G. L. Patter- son, Regional Director for the Thirteenth Region, (Chicago, Illinois), issued its Complaint and Notice of Hearing thereon, dated October 24, 1940, against respondent, alleging that respond- ent had engaged in and was engaging in unfair labor practices within the meaning of Section 8, Sub-division (1) and Section 2, Sub-divisions (6) and (7) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act. True and accurate copies of said Complaint, Notice of Hearing, Charge and Na- tional Labor Relations Board Rules and Regulations-Series 2. as amended, were duly served on respondent and the United on October 25,1940. II 1. Respondent is and has -been since April 30, 1937, a cor- poration organized under, and existing by, virtue of the laws- of the State of Illinois, having its principal office and place of business in the City of Chicago. County of Cook, and State of Illinois. Respondent owns and operates a plant in the City of Chicago, County of Cook and State of Illinois, hereinafter called,, the plant, where it is now and at all times niuntioned in the Complaint, has been engaged in the manufacture and sale of tires and inner tubes for automobiles, trucks and buses.' Ap- proximately 250 persons are employed by the respondent during periods of normal business operations. On January 4, 1941, the Rubber Workers Union, Local No 20911, affiliated with the American Federation of Labor, notified the Regional Director that it had no objection to the above-mentioned stipulation and settlement 4 1 300 2-4 2-%of 29--S 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The respondent during the year 1939, purchased alid caused to be shipped to, its plant in Chicago, Illinois, materials valued at ;$1,371,435.00, as set, out below. Material used 1939 Value Percent of Source of supply total Crude Rubber,,,,,,,,,,,,,,,,,,, $744,338 00 54 3 East Indies- Far East Reclaimed Rubber_______________ 16,896 00 12 New York arious Pigments ---------------- abric (cotton)------------------ 51,624 00 79,936 00 1 1 7,7 Carbon Black-Texas. Sulphur-Texas. Zinc Oxide-New Jersey Clay-South Carolina Stearic Acid-Illinois. Pine Tar-Georgia. Georgia Bead W ire -----------=-------- 47:435 00 35 Michigan Labels-- 2, 088 00 15 Chicago, Illinois. Transfer Tins 309 00, .02 Ohio Tire Paint _______________________ 144 00 01 Ohio Paper---------------------------- 9,571 00 70 Chicago, Illinois. Tire Flaps ----------------------- 19, 094 00 1 39 Pennsylvania. $1,371,435 00 100 3.- The gross-value of respondent's sales and shipments during the year 1939,, was approximately $2,000,000.00, of which sum 821/2%- were sold and shipped to customers located in States other than the State of Illinois. 4. Respondent admits that it is engaged in interstate com- merce, and that the above operations affect commerce within.the meaning of Section 2, Sub-divisions (6) and (7) of the Act. III The United, and Rubber Workers Union, Local 20911, affiliated with the American Federation of Labor, hereinafter called the Local 20911, are labor organizations within the meaning of Sec- tion 2, Sub-division (5) of the Act. IV The parties hereto waive their right to file answers, their right .to a hearing in this matter and the making of Findings of, Fact and Conclusions of Law by the Board, pursuant to provisions of the Act, and all parties agree that the Charge, Complaint, Notice of Hearing, National Labor Relations Board Rules and Regulations-Series 2, as amended, Affidavit of,Service of afore- mentioned documents, and this Amended Stipulation and Agree- ment, may be introduced in the record of this proceeding by filing same with the Chief Trial Examiner of the National Labor Re- lations Board at Washington, WC. INLAND RUBBER CORPORATION 101- V. IT. IS FURTHER STIPULATED AND AGREED by and between the parties hereto that. upon the: entire record' in this, case, and this Amended Stipulation and Agreement, if approved by the Board, an Order may forthwith be entered by the Board and a Decree enforcing the same by the United States Circuit Court of Ap- peals for the Seventh Circuit, the parties hereto expressly waiving further notice of application therefor, providing as follows : Respondent, Inland Rubber Corporation, its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) Urging, persuading, intimidating, or coercing its em- ployees to join or not to join Rubber Workers Union, Local 20911, Affiliated with the American Federation of Labor, and not to join United Rubber Workers of America, Affiliated with the Congress of Industrial Organizations, or to join or not to -join any labor organization of its employees; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self- organization, to form,,join, and 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) Immediately post :notices, as set out in Appendix A attached hereto and made a part hereof, to respohdent's em- ployees in conspicuous places throughout its plant, located in Chicago, Illinois, and maintain such notices for a period of at least sixty (60) consecutive days from the date of posting; (b) Notify the Regional Director for the Thirteenth Region, in writing, within ten (10) days from the date of the Board's Order, what steps respondent has taken to comply with the Order. All terms agreed, upon are contained within this Amended Stipulation' and Agreement,, and there is no, verbal agreement of any kind which varies, alters or adds to this Amended Stipula- tion and Agreement. This Amended Stipulation and Agreement is subject to the approval of the National Labor Relations Board. 102 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD APPENDIX A Inland Rubber Corporation, its officers, agents, successors, and assigns,•hereby notifies its employees that: 1. IT WILL NOT : (a) Urge, persuade, intimidate, or coerce its employees to join or not to join Rubber Workers Union, Local 20911, Affili- ated with the American Federation of Labor, and not to join United Rubber Workers of America, Affiliated with the Con- gress of Industrial Organizations, or to join or not to join any labor organization of its employees; (b) In any other manner interfere with, restrain, or coerce its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activity for the purposes of, collective bar- gaining, or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2..The employees have the right to join any labor organiza- tion of their own choosing. On November-13, 1940, the Board issued its Order approving the above stipulation making it a part of the record in the case, 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 I. THE BUSINESS OF THE RESPONDENT The respondent is an Illinois corporation having its principal office and.place of business at Chicago, Illinois, where it is engaged in the manufacture and sale of tires and inner tubes for automobiles, trucks, and buses. The principal raw materials used by the respond- ent are crude and reclaimed, rubber, various pigments, cotton fabric, bead wire, labels, transfer tins, tire paint, paper, and tire flaps. In 1939 the respondent used $1,371,435 worth of such raw materials, over 90 per cent of which were shipped from points outside the State of Illinois. • During, the same year the respondent sold finished products valued at approximately ' $2,000,000,, of. which- 821/2' per -cent .were shipped to States other than the State of Illinois. INLAND RUBBER( ' CORPORATION-- 103 The' respondent stipulated, and we-find,-that the above-described -operations constitute a continuous flow of trade, traffic, and 'com- `merce among the several States, within the meaning of the Act. ORDERI .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 , Inland Rubber Corpora- tion, Chicago, Illinois, and its officers , agents, successors, and assigns, shall: 1. Cease and desist from : (a) Urging, persuading, intimidating, or coercing its employees' to join or not to join Rubber Workers Union, Local 20911 , affiliated with the American Federation of Labor, and' not, to join United Rub- ber Workers of America, affiliated with the Congress of Industrial Organizations, or to join or not to join any labor organization of its employees; (b) In any other manner interfering with, restraining , or coercing its employees in the exercise of their right' to self-organization, to form, join, and 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 T of the Act. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Immediately post notices, as set out in Appendix A hereof, to respondent's employees in conspicuous places throughout its plant, located in Chicago, Illinois, and maintain such notices for a period of at least sixty (60) consecutive days from the date of 'posting; (b) Notify the Regional Director for the Thirteenth Region, in writing, within ten (10 ) days from the date of the Board's Order, what steps respondent has taken to comply with the Order. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Order. APPENDIX A Inland Rubber Corporation , its officers , agents , successors and assigns, hereby notifies its employees that: 1. IT WILL NOT : (a) Urge, persuade , intimidate, or coerce its employees to join or not to join Rubber Workers Union, Local 20911, affiliated with the 104 DECISIONS OF NATIONAL: LABOR"RELATIONS BOARD American Federation of Labor, and not to join United Rubber Work- ers of America, affiliated with the Congress of Industrial Organiza- tions, or to join or not to join any labor,organization of its employees; (b) In any other manner interfere with, restrain, or coerce its em- ployees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining, or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. The employees have the right to join any labor organization of their own choosing.