The Sozonian Vault Co.

In the Matter of THE SO.:ONIAN VAULT COMPANY and THE INTER- NATIONAL ASSOCIATION' OF MACHINISTS, AFFILIATED WITH AMERICAN FEDERATION OF LABOR Case No. C-1776. Decided January 31, 1941 Jurisdiction : grave vault manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Thurlow Smoot, for the Board. Schuler, Smith,& Freer, by Mr. John S. Bellamy, of Cleveland, Ohio, and Mr. Edward J. Myers, of Bucyrus, Ohio, for the' respondent. Mr. A. G. Skundor, for the Union. Mr. William T. Little., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by The Interna- tional Association of Machinists, affiliated with American Federa- tion of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleveland, Ohio), issued its complaint dated No- vember 29, 1940, against The Sozonian Vault Company, Bucyrus, Ohio, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by notice of hearing, were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged in substance: (1) that on and after August 23 and 24, 1940, the re- spondent refused to bargain collectively with the Union, the duly designated representative of a majority of its employees in an ap- 29 N. L. R. B., No 59. 300 THE SOZONIAN VAULT COMPANY - 301 propriate unit; (2) that between August 6 and September 13, 1940, the respondent discharged four named employees because of their membership in and activity in behalf of the Union; and (3) that the respondent, by the foregoing acts and by (a) interrogating its employees about membership in the Union, and about the person or persons who were active in soliciting union membership; (b) making veiled. threats against union members; (c) disparaging the value of ,union membership; (d) advising employees that it would not bar- gain with outside representatives and that its plant would be shut down, before it would recognize a union; (e) falsely charging that force was being used to coerce employees to join the Union-; and (f) threatening to discharge union members, interfered with, re- strained, and coerced, its employees in the exercise of the rights guaranteed in Section 7 of the Act. The respondent's answer, which was filed at the hearing, was withdrawn when the stipulation was approved by the Board and no longer constitutes a part of the record in the case. Pursuant to notice duly served on the respondent and the Union, a hearing was held December 16, 17, 18, and 19 at Bucyrus, Ohio, before Earl S. Bellman, the Trial, Examiner duly designated by the Board. The Board and the respondent were represented by counsel, the Union by a representative, and all parties participated in the hearing. Oh December 18,' 1940, during the course of the hearing, the respondent, the Union, and counsel for the Board entered into a stipulation and agreement in settlement of the case, subject to the approval of the Board. On January 7, 1941; an agreement amend- ing the stipulation and agreement was executed by the respondent, the Union, and counsel for the Board. The stipulation, -as amended, provides as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between The Sozonian Vault Company (hereinafter called the Respondent), The International Association of Machinists, affiliated with the American Federation of Labor, by A. G. Skundor, Grand Lodge Representative, and Thurlow Smoot, 'attorney, National Labor Relations Board, that : I I. Upon a second amended charge duly filed by the Interna- tional Association of Machinists, hereinafter called the Union, the National Labor Relations Board, hereinafter called the Board, by the Regional Director for the Eighth Region, acting pursuant to authority granted in Section 10 (b) of the-National Labor, Relations Act, 49 Stat. 449, hereinafter called the Act, and pursuant to Article II, Section 5 and Article IV, Section 1 302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the National Labor Relations Board Rules and Regulations, Series 2, as amended, duly issued a Complaint and Notice of Hearing thereon, on November 29, 1940, against the Respondent. II. Respondent is and has been since 1930 a corporation or- ganized under and existing by virtue of the laws of the State of Ohio, having its -principal office and place of business in the City of Bucyrus, County of Crawford, State of Ohio. The Respondent operates and maintains a plant at Bucyrus, Ohio, where it is engaged in the production of grave vaults. Respondent, in the course and conduct of its business, causes and has continuously caused a large portion of the raw materials used in the manufacture of its finished product to be purchased and transported in interstate commerce from and through states of the United States other than the State of Ohio to its plant in the State of Ohio and causes and has continuously caused a large part of the products manufactured by it,to be sold and transported in interstate commerce from its plant in the State of Ohio into and through states of the United States other than the State of Ohio. The value of the raw materials used during the first eleven months of 1940 by respondent amounted to approximately $122,387 and the value of the products manufactured by re- spondent during the first eleven months of 1940 amounted to approximately $288,134. III. Respondent is engaged in commerce within the meaning of Section 2-(6) of the Act. IV. The Union is a labor organization within the meaning of Section 2 (5) of the Act. V. All of the employees of the Respondent, exclusive of cleri; cal, sales and supervisory employees, constitute and have con- stituted, a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act; and said unit will insure to employees of Respondent the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. By the date August 23, 1940, shortly prior thereto, and at all times since said date, the majority of the employees in the unit appropriate for the purposes of collective bargaining, as set forth and described above-, had designated the Union as their representative for the purposes of collective bargaining with Respondent. On August 22, 1940, shortly prior thereto and at all times since said date, the Union has been the exclusive rep- resentative of Respondent's employees in the unit set forth and described above, by virtue of Section 9 (a) of the Act. THE SOZONIAN VAULT COMPANY , 303 VI. The Respondent has offered Charles A. Frey immediate and full reinstatement to his former position without prejudice to his seniority and other rights and privileges and said Charles A. Frey has declined said, reinstatement. VII. All parties hereto expressly waive further pleadings, their right to a hearing and to the making of Findings of Fact and Conclusions of Law by the Board, as set forth in Section 10 (b) and (c) of the Act. VIII. The Complaint, Notice of Hearing, Order of Regional Director and the Second Amended Charge may be filed with the Chief Trial Examiner of the National Labor Relations Board, together with this stipulation and shall constitute the record in this case. IX. This stipulation is subject to the approval of the Na- tional Labor Relations Board and, upon tills stipulation being approved by it, the said Board may enter an Order to the fol- lowing effect : 1. The Respondent, ,its officers, agents, successors and, assigns shall cease and desist from : (a) Interrogating its employees about membership in the Union. (b) Interrogating its employees about the person or persons who were active in soliciting membership, in the Union.. (c) Issuing veiled threats against employees who were mem- bers of or active in the Union. (d) Disparaging the value of membership in the Union. (e) Advising employees that its plant would be shut down before a union would be recognized. (f) Falsely charging that coercion was being used to force employees into joining the Union. (g) Threatening to discharge employees who were members of the Union. (h) Stating it would deal with its own men but would not deal through any outside representative. (i) Refusing to bargain collectively with International As- sociation of Machinists, affiliated with the American Federation of Labor, as the exclusive representative of all the employees of Respondent, exclusive of clerical, sales and supervisory employees. , (j) Discouraging" membership , in the International Associa- tion of Machinists, affiliated with the American Federation of Labor, or in any other labor organization of its employees by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or 304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tenure of empfoyment, or any term or condition of their employment. (k) In any other manner interfering with, restraining or coercing employees in the exercise , of their right to self-organiza- tion, to form, join, or assist labor organizations, to bargain col lectively through representatives of their own choosing, and to engage in concerted activities 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 Respondent, its officers , agents, successors- or assigns shall take the following affirmative action which will effectuate the policies of the National Labor Relations Act : (a) Inform all of its officers and agents , together with all others ' employed in a supervisory capacity that they shall not in any manner interfere with, restrain , or coerce employees 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 activities for the purposes of collective bargaining or other mu- tual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. (b) Offer to Dale WTinebrenner , Charles Baker and O. E. McMichael immediate and full reinstatement to their former or substantially equivalent positions , without prejtidice to their seniority and other rights and privileges. (c) Make whole Dale Winebrenner , Charles A . Frey , Charles Baker and O. E. McMichael for any loss of pay they may have suffered by reason of the discrimination against them by pay- ment to Dale Winebrenner the sum of Three Hundred and Seventy-Five ($375) Dollars , Charles A. Frey the sum of Three Hundred and Seventy-Five ($375) Dollars , Charles Baker the Sum of One Hundred ($100) Dollars, and O . E. McMichael the sum of One Hundred and Fifty ( $150) Dollars. (d) Upon request, bargain collectively with the International Association of Machinists, affiliated with the American Federa- tion of Labor, as the exclusive representative of all the employees of the Respondent , exclusive of clerical , sales and supervisory employees in respect, to rates of pay, wages, hours of employ- ment and other conditions of employment and, if an under- standing is reached on such platters , embody such understanding in a signed agreement. (e) Post immediately in a conspicuous place at its plant in Bucyrus, Ohio and maintain for a period of at least sixty (60) consecutive days from the date of posting, a notice to its em- THE SOZONIAN VAULT COMPANY- 305 ployees stating: (1) that the Respondent will not engage in the conduct from which it is ordered to cease and desist in para- graphs 1 (a) to (k), inclusive, 'of this Order: (2) that the Respondent will take the affirmative action set forth in para- graphs'2 (a), (b), (c) and (d) of this Order: (3) that the Respondent's employees are free to become - or remain members of the International Association of Machinists, affiliated with American Federation of Labor, and the Respondent will not discriminate against any employee because of membership or activity in that organization; and (f) Notify the Regional Director for the Eighth region in writing ,within ten (10) days from the date of this Order, of the steps the Respondent has taken to comply herewith. , X. It is further stipulated and agreed that-immediately upon reinstatement of Dale Winebrenner as above provided, he shall be ' granted a leave of ibsence by Respondent until October 1, 1941 and that he will not return to Respondent's employ before said date. And it is provided (.1)-that said-Dale Winebrenner will notify Respondent in writing on or before September 1st, 1941 whether he desires to return to Respondent's employ on October 1, 1941; provided that if said Dale Winebrenner notifies respondent in writing on or before September 1, 1941 that he desires a second leave of absence until July 1, 1942 same shall be granted him. (2) That if a notification in writing is not received by Respond- ent on or before September. 1, 1941 from said Dale Winebrenner he will not thereafter be considered an employee of the Re- spondent. (3) That if said Dale Winebrenner requests the second leave of absence above referred to from October 1, 1941 to July 1, 1942 that he will not return to Respondent's employ before July 1, 1942 and that if he does not notify Respondent in writing on or before June 1, 1942 that be desires to return to Respondent's employ on July 1, 1942 he shall not thereafter be considered an employee of Respondent. It is also agreed that if the Union so requests, Respondent will allow Dale Winebrenner to be present during all negotia- tions between the Union and Respondent concerning wages, hours of employment and other working conditions until an agreement between the Union and Respondent is executed and that each day said Dale Winebrenner is present at such a con- ference he shall be reimbursed by Respondent in the sum of Six Dollars and forty cents ($6.40). XI. It is further stipulated and agreed that any appropriate Circuit Court of Appeals in the United States may upon appli- 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cation by the Board enter its decree enforcing the order of the Board in the form above set out. The Respondent waives its right to contest the entry of any such decree and its right to receive notice of the filing of an application for'the entry of such decree. XII. This stipulation contains the entire agreement between the parties, there being no agreement of any kind, verbal or otherwise, which varies, alters or adds to this stipulation.. XIII. This stipulation shall be of no force and effect unless and until approved by the Board and if not approved by the Board none of the statements recited herein above may be used as evidence in any proceeding before the Board. On January 11, 1941, the Board issued its order approving the stipulation, as amended, making it a- part of the record; and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to and continuing it before the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation, as amended. Upon the basis of the above amended stipulation and the. entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The Sozonian Vault Company, an Ohio corporation having its principal office and place of business in the City 'of Bucyrus, Ohio, is engaged in the production and sale of grave vaults. During the first eleven months of 1940, the respondent used raw materials valued at approximately $122,387 in the course and conduct of its business, and produced finished products valued at about _$288,134. A large portion of the raw materials used in the manufacture of its finished product are purchased outside Ohio, and, a large portion, of the products manufactured by the respondent are shipped outside the State. It is stipulated by all parties that the respondent is engaged in interstate commerce within the meaning of the Act. We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, amended stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations THE SOZONIAN VAULT COMPANY 307 Board hereby orders that The Sozonian Vault Company, Bucyrus, Ohio, and its officers, agents, successors, and assigns, 'shall : 1. Cease and desist from : (a) Interrogating its employees about membership in the Union. (b) Interrogating its employees about the person or persons who were active in soliciting membership in the Union. I (c) Issuing veiled threats against employees who were members of or active in the Union. (d) Disparaging the value of membership in the Union. (e) Advising employees that its plant would be shut down before a union would be recognized. (f) Falsely charging that coercion was being used to force em- ployees into joining the Union. (g) Threatening to discharge employees who were members of the Union., (h) Stating it would deal with its own' men brit would not deal thrbligh any outside representative. (i) Refusing to bargain collectively with International Assoc'ia tion of Machinists, affiliated with the American Federation, of Labor, as the exclusive representative of all the employees of Respondent, exclusive of clerical, sales and supervisory employees. (j) Discouraging membership in the International Association of Machinists, affiliated with the American Federation of Labor, or in any other labor organization of its employees by discharging or re- fusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of their employment. (k) In any other manner interfering with, restraining or coerc- ing employees in the exercise of their 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 purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the purposes and policies of the Act: (a) Inform all of its officers and agents, together with all others employed in a supervsory capacity that they shall not in any manner interfere with, restrain, or coerce employees in the exercise of their 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 purposes of collective bargaining or other mutual aid or protection as,guaranteed in Sec- tion 7 of the National Labor Relations Act. 413002-42-vol 29-21 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Offer to Dale Winebrenner, Charles Baker and O. E. Mc. Michael immediate and full reinstatement to their former or sub- stantially equivalent positions, without prejudice to their seniority and other rights and privileges. (c) Make whole Dale Winebrenner, Charles A. Frey, Charles Baker and O. E. McMichael for any loss of pay they may have suffered by reason of the discrimination against "them by payment to Dale Winebrenner the sum of Three Hundred and Seventy-Five ($375) Dollars, Charles A. Frey the sum of Three Hundred and Seventy- Five ($375) Dollars, Charles Baker the sum of One Hundred ($100) Dollars, and O. E. McMichael the sum of One Hundred and Fifty ($150) Dollars. (d) Upon request, bargain collectively with the International Association of Machinists, affiliated with the American Federation of Labor, as the exclusive representative of all the employees of the Respondent, exclusive of clerical, sales and supervisory employees in respect to rates of pay, wages, hours of employment and other con- ditions of employment and, if an understanding is reached on such matters,- embody such understanding in a signed agreement. (e) Post immediately in a conspicuous place at its plant in Bu- cyrus, Ohio and'maintain for a period of at least sixty (60) con- secutive days from the date of posting, a notice 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) to (k), inclusive, of this Order: (2) that the Respondent will take the affirmative action set forth in paragraphs 2 (a), (b), (c) and (d) of this Order: (3) that the Respondent's employees are free to become or remain members of the International Association of Ma- chinists, affiliated with ' American Federation of Labor, and the Respondent will not discriminate against any employee because of membership or activity in that organization; and (f) Notify the Regional Director for the Eighth Region in writ- ing within ten (10) days from the date of this Order, of the steps the Respondent has taken to comply herewith. I