Scharff Koken Manufacturing Co.

In the Matter Of SCHARFF KOKEN 'MANUFACTURING COMPANY and AMERICAN FEDERATION OF LABOR and SCHARFF-KoKEN EMPLOYEESr REPRESENTATION ASSOCIATION, PARTY TO THE CONTRACYI Case No. C-188.-Decided March 26, 1941 Jurisdiction : corrugated paper box manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. L. N. D. Wells, Jr.,.for the Board. Mr. Joseph A. Lennon, for the respondent. Mr. Fred Olds, for the A. F. of L. Mr. Harry Bauer and Mr. Henry Christman, for the Association. Mr. Norman M. Neel, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the- American Federation of Labor, herein called the A. F. of L., the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourteenth Region (St. Louis, Missouri), issued its complaint dated February 4, 1941, against Scharff Koken Manu- facturing Company, herein called the respondent, alleging that it had engaged in and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1) and (2) 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 thereon were duly served upon the respondent, the A. F. of L. and upon Scharff- Koken Employees' Representation Association, herein called the Association. The complaint alleged in substance that the respondent had dom- inated and interfered with the formation and administration of the Association and contributed financial and other support to it and interfered with, restrained, and coerced its employees in the exer- cise of the rights guaranteed in Section 7 of the Act. 30 N. L. R. B., No. 87. 584 SCHARFF KOKEN MANUFACTURING COMPANY 585 On February 15, 1941, before any hearing was held, the respond- ent, the A. F. of L., the Association, and counsel for the Board, entered into a stipulation in settlement of the case. The stipula- tion provides as follows: It is hereby stipulated and agreed by and between Scharff, Koken Manufacturing Company hereinafter sometimes called respondent, the American Federation of Labor, hereinafter sometimes called the union, Scharff-Koken Employees' Repre- sentation Association, hereinafter sometimes called the associ- ation, and L. N. D. Wells, Jr., Regional Attorney for the Fourteenth Region of the National Labor Relations Board, as follows : I Charges and amended charges were filed by the union with the Regional Director for the Fourteenth Region of the National 1Labor,.Relations Board, alleging that respondent had violated Section 8, subsections (1) and (2) of the National Labor Rela- tions Act. Thereafter on February 4, 1941, the National Labor Relations Board through the Regional Director for the Four- teenth Region duly issued its Complaint and Notice of Hearing, alleging that respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8, subsections (1) and (2) and Section 2, subsec- tions (6) and (7) of the National Labor Relations Act, 49 Stat. 449. The amended charges and the Complaint, together with the Notice of Hearing and copies of the Rules and Regu- lations of the National Labor Relations Board-Series 2, as, amended, were duly served upon the respondent, the union, and the association on February 5, 1941. Neither the respondent nor the association filed any. answer to the.Board's complaint; and both the respondent and the association hereby waive the right to file an answer. k II By the waiver of its right to file an answer, and by entering into this stipulation, respondent does not admit that it has in any way violated the National Labor Relations Act or any of the provisions thereof. III The respondent, Scharff Koken Manufacturing Company, is a Missouri corporation engaged at 7900 Michigan Avenue, St. 586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Louis City, Missouri, in the manufacture, sale, and distribution of fibre and corrugated paper boxes. The respondent, in the course and conduct of its business as aforesaid, now causes, and continuously has caused at all times material hereto, a majority of the materials used in the manu- facture, sale, and distribution of its aforementioned products to be purchased and transported in interstate commerce from and through states of the United States other than the state, of Missouri to its aforementioned plant in St. Louis City, Mis- souri ; and causes and continuously has caused at all times ma- terial hereto a majority of the aforementioned products manu- factured by it to be sold and transported in interstate commerce from its said plant in St. Louis City, Missouri; to, into, and through states of the United States other than the state of Missouri. - The respondent agrees and admits that it is engaged in inter- state commerce within the meaning of Section 2, subsections (6) and (7) of the National Labor Relations Act, and that it is, therefore, subject to the jurisdiction of the National Labor Re- lations Board. All parties hereto expressly . agree that the National Labor Relations Board may forthwith make jurisdictional findings based upon the facts stipulated in this paragraph and that the Board may find that the above-described operations of the re- spondent constitute a continuous flow of trade, traffic, and com- merce among the several states. IV All parties hereto agree that the amended charge, Complaint, and Notice of Hearing referred to in Paragraph I above, and this Stipulation shall constitute the entire record in this cause and that said documents shall become the record herein by filing with the -Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. V All parties hereto expressly waive the right to a hearing in this matter and the making of findings of fact and conclusions of law by the National Labor Relations Board, and expressly agree and consent that the National Labor Relations Board may forth- with enter an order providing as follows : - "The respondent, Scharff Koken Manufacturing Company, its officers, agents, successors, and assigns shall : SCHARFF KOKEN MANUFACTURING COMPANY 587 1. Cease and desist from : (a) Questioning its employees concerning their affiliation with the American Federation of Labor and/or warning its em- ployees to refrain from affiliating with said organization or to 'cease affiliation with said organization; (b) Dominating or interfering with the administration of Scharff Koken Mfg. Co. Employees' Representation Plan and Scharff-Koken Employees' Representation Association, or the formation, and administration of any other labor organization 'of its employees, and from contributing financial or other sup- port to said association or to any other labor organization of its employees ; (c) Recognizing Scharff-Koken Employees' Representation Association as the representative of any of its employees for the purpose of dealing with the respondent concerning griev- ances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; (d) Giving effect to its contract of August 2, 1940, or any other contract it may have entered into with Scharff-Koken Employees' Representation 'Association in respect to rates of pay, wages, hours of employment, or other conditions of work; and (e) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right 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 purposes of col- lective bargaining or other mutual aid or protection. .2. Take the following affirmative action to effectuate the pol- icies of the Act : (a) Withdraw all recognition from Scharff-Koken Employ- ees' Representation Association as' the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions • of employment, and completely disestablish Scharff-Koken Employees' Representation Associ- ation as such representative; (b) Immediately post and keep posted for a period of at least 60 days from the date of posting in conspicuous places throughout its St. Louis plant, notices to its employees stat- ing (1) that the respondent will cease and desist in the manner set forth in paragraphs I (a), (b), (c), (d), and (e) of this Order, (2) that it will take the affirmative action set forth in para- graph 2 (a) of this Order, and (3) that the contract of Au- 588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gust 2, 1940, or any extensions or renewals thereof with the Scharff-Koken, Employees' Representation Association is void and of no effect; (c) Notify the Regional Director for the Fourteenth Re- gion in writing within ten (10) days from the date of this Order what steps respondent has taken to comply herewith. VI The parties hereto consent to the entry'by any United States -Circuit Court of Appeals of an enforcement order embodying the terms of the Board's Order agreed to above, and all parties hereby waive further notice of the application for and , the entry of such court order. VII All stipulations herein made are subject to the approval of the National Labor Relations Board, and should the National Labor. Relations Board fail to approve the terms and conditions con- tained herein, this stipulation shall be entirely void and of no effect, "and the proceedings in this matter shall be in the status as if no stipulation had been entered into. VIII The entire agreement of the parties hereto is contained within this stipulation, and there is no other agreement, verbal or written, which in any way varies 'or -alters the agreement con- tained herein. , On February 24, 1941, 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 its 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 Scharff Koken Manufacturing Company is, a Missouri corpora- tion engaged in the manufacture, sale, and distribution of fibre and corrugated paper boxes at St. Louis, Missouri. The respondent causes a majority of the material used in the manufacture, sale, and SCHARFF KOKEN MANUFACTURING COMPANY 589 distribution of its products to be purchased and transported in interstate commerce from and,through States of the United States other than the State of Missouri to its plant at St. Louis, Missouri. It ships a majority of its products to points outside the State of Missouri. The respondent admits that it is engaged. in interstate commerce within the meaning of the Act. We find that the operations above described constitute a con- tinuous flow of trade, traffic, and commerce among the several Mates. H. THE ORGANIZATIONS INVOLVED The American Federation of Labor and Scharff-Koken Employees' Representation Association are labor organizations within the mean- ing of Section 2 (5) of the Act. , ORDER' Upon the basis-of the above 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 Scharff Koken Manufacturing Company, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Questioning its employees concerning their affiliation with the American Federation of Labor and/or warning its employees to refrain from affiliating with said organization or to cease affiliation with said organization; (b) Dominating ror.,interferixig with the administration of Scharff Koken Mfg. Co. Employees' Representation Plan and Scharff-Koken Employees' Representation Association, or the formation and ad- ministration of any other labor organization of its employees, and from contributing financial or other support to said association or to any other labor organization of its employees; (c) Recognizing Scharff Koken Employees' Representation Asso- ciation as the, representative of any of its employees for the pur- pose of dealing with the respondent concerning grievances, labor dis- putes, wages, rates, of pay, hours, of employment, or conditions of work; (d) Giving effect to its contract of August 2, 1940, or, any other contract it may have entered into with Scharff-Koken Employees' Representation Association in respect to rates of pay, wages, hours of employment, or other conditions of work; and (e) In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of their right to self-organization, 590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Withdraw all -recognition from Scharff-Koken Employees' Representation Association as the representative of any of its em- ployees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment, and completely disestablish Scharff- Koken Employees' Representation Association as such representative; (b) Immediately post and keep posted for a period of at least 60 days from the date of posting in conspicuous places throughout its St. Louis plant, notices to its employees stating (1) that the respondent will cease and desist in the manner set forth in para- graphs 1 (a), (b), (c), (d), and (e) of this Order, (2) that it will take the affirmative action set forth in paragraph 2 (a) of this Order, and (3) that the contract of August 2, 1940, or any exten- sions or renewals thereof with the Scharff-Koken Employees' Rep- resentation Association is void and of no effect; (c) Notify the Regional Director for the Fourteenth Region in writing within ten (10) days from the date of this Order what steps respondent has taken to comply herewith.