The Galanot Products Co.

In the Matter of THE GALANOT PRODUCTS COMPANY and INTERNA- TIONAL BROTHERHOOD OF FOUNDRY EMPLOYEES (INDEPENDENT) AND MACHINE WORKERS PROTECTIVE ASSOCIATION, INC., PARTY TO THE -CONTRACT Case No. C-1851.-Decided April 28, 1941 . Jurisdiction : tractor devices manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Norman F. Eclmonds and Mr. Louis Plost, for the Board. Mr. C. P. Galanot, for the respondent. Mr. Lawrence J. Brick, for the International. Mr. John P. Tierney, for the Association. Mr. William H. Bartley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the International Brotherhood of Foundry Employees (Independent), herein called the International, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleve- land, Ohio), issued its complaint dated April 1, 1941, against The Galanot Products Company, Alliance, Ohio, herein called the re- spondent, alleging that the respondent had engaged in and was en- gaging in unfair labor practices affecting commerce within the mean- ing of Section 8 (1), (2), 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 accompanied by a notice of hearing were duly served upon the respondent, the International, and the Machine Workers Protective Association, Inc., herein called the Association, a labor organization allegedly dominated by the respondent. Regarding the unfair labor practices, the complaint, alleged, in substance, (1) that the respondent during or about the month of August 1940, dominated and interfered with the formation of the 31 N. L. R. B., No 68. 433 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Association, and has since fostered, supported and dominated its ad- ministration; (2) that on December 30, 1940, the respondent, in order to interfere with the rights of its employees to self-organization and collective bargaining, illegally and contrary to the policy of the National Labor Relations Act entered into a contract with the Associ- ation; (3) that in September 1940, the respondent discharged Leon Breckenridge, and since that time has refused to reinstate him, be- cause of his union activity and membership; (4) that by these and other acts the respondent since July 1940 interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On April 1, 1941, prior to the scheduled hearing in the case, the respondent, the International, the Association, and Counsel for the Board entered into a Stipulation for Settlement of the Case. The Stipulation provides as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and among The Gala- not Products Company, hereinafter referred to as the Respond- ent, and the International Brotherhood of Foundry Employees, hereinafter referred to as the International, the Machine Work- ers Protective Association, Inc., hereinafter referred to as the Association, and Norman F. Edmonds, Attorney, and Louis Plost, Field Examiner, of the National Labor Relations Board, Eighth Region, that : 1. Upon an Amended Charge filed by the International, the National Labor Relations Board, hereinafter referred to as the Board, by Oscar S. Smith, Regional Director for the Eighth Region, Cleveland, Ohio, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter referred to as the Act, and acting pursuant to its Rules and Regulations, Series 2 ' as amended, issued its Com- plaint and Notice of Hearing on April 1, 1941, 'against the Respondent. II. All parties hereto acknowledge service of the Complaint and Notice of Hearing, Amended Charge, and a copy of the Board's Rules and Regulations, Series 2 as amended, and ex- pressly waive further pleadings, hearing, and the making of findings of fact, and conclusions of law by the Board. III. The Respondent is an Ohio corporation, and has its prin- cipal office in Alliance, Ohio. The Respondent has two manu- facturing plants located in Alliance, Ohio, hereinafter called the Alliance Plants. THE GALANOT PRODUCTS COMPANY' \ 435 IV. The Respondent is engaged in the manufacture, sale, and distribution of caterpillar devices for tractors, tire tracks for tractors, into jacks, and other products. The principal mate- rials used by the Respondent in the manufacture of its finished products are cast iron and steel forgings, iron and steel sheets, and other metal materials. The value of the materials used during the six months immediately preceding the signing of this Stipulation by the Respondent in the manufacture of its finished products at the Alliance Plants amounted to approximately $64,000. Approximately 10% of such materials came from without the State of Ohio. During the six months immediately preceding the signing of this Stipulation, the value of the fin- ished products manufactured by the Respondent at the Alliance Plants amounted to approximately $200,000. Approximately 95% of these finished products, manufactured at the ' Alliance Plants, were sold and shipped in interstate commerce by the Re- spondent to points outside the State of Ohio. V. The Respondent concedes that its operations affect com- merce within the meaning of Section 2 (6) and (7) of the Act. VI. The International and the Association are labor organiza- tions within the meaning of Section 2 (5) of the Act. VII. This Stipulation, together with the Amended Charge, the Complaint and Notice of Hearing, and a copy of the Agree- ment between Machine Workers Protective Association, Inc. and The Galanot Products Company, entered into on December 30, 1940, and a copy of the Board's Rules and Regulations, Series 2 as amended, may be filed with the Chief Trial Examiner of the Board at Washington, D. C., and when so filed, shall consti- tute the entire record in this case. VIII. It is further stipulated that upon the entire record in this case, as set forth in Paragraph VII hereof, an Order may forthwith be entered by the Board, providing as follows : 1. The Respondent, The Galanot Products Company, its officers, agents, successors, and assigns, shall cease and desist from : (a) In any 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 bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor'Relations Act; (b) In any manner dominating or interfering with the ad- ministration of the Machine Workers Protective 'Association, 441843-42-N of 31--29 436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Inc., or the formation or administration' of any other labor organization of its employees, or contributing support to said Association or any other labor organization of its employees; (c) Giving effect to the contract of December 30, 1940 with the Machine Workers Protective Association, Inc., as well as to any extension, renewal, modification; or supplement thereof and any superseding contract with the said Association, which may now be in force; (d) Discouraging membership in the International Brother- hood of Foundry Employes or any other labor organization of its employees by discharging or laying off or refusing to rein- state any of its employees because of membership or activity in any such labor organization or because of the exercise by any of its employees of their right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. The Respondent, its officers, agents, successors, and assigns, shall take the following affirmative action to effectuate the poli- cies of the Act : (a) Withdraw all recognition from the Machine Workers Protective Association, Inc. as representative of any of its em- ployees for the purpose of dealing with the Respondent concern- ing grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and completely disestablish the said Association as such representative ; (b) Offer to Leon Breckenridge immediate and full reinstate- ment to his former or substantially equivalent position without loss of any rights or privileges previously enjoyed by him; (c) Make whole Leon Breckenridge for all losses of pay re- sulting from his discharge or layoff by payment to him of the sum of One Hundred and Fifty Dollars ($150) ; (d) Post immediately in conspicuous places throughout its plants and maintain for a period of at least sixty (60) consecu- tive days, notices that the Respondent will cease and desist in the manner aforesaid, and will take the affirmative -aforesaid action ; (e) Notify the Regional Director for the Eighth, Region in writing within ten (10) days from the date of this Order what steps the Respondent has taken to comply herewith. IX. It is further stipulated and agreed that any appropriate Circuit Court of Appeals in the United States may upon appli- 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 THE. GALANOT PRODUCTS COMPANY 437 receive notice of the filing of an application for the entry of- such decree. X.'This Stipulation contains the entire agreement between the parties, there being no agreement of any kind, verbal or other- wise, which varies, alters, or adds to this Stipulation. XI. This Stipulation shall be of no force and effect unless and until approved by the Board. On April 11, 1941, the Board issued its order approving the Stipu- lation, making it a part of the record, and pursuant to Article II, Section 36, of National Labor' Relations Board Rules and Regula- tions-Series 2, as amended, transferring the proceeding to the Board for the purpose of entry of a decision and order pursuant to the provisions of the Stipulation. Upon 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 Galanot Products Company, an Ohio corporation with its principal offices and two manufacturing plants located in Alliance, Ohio, is engaged in the manufacture, sale, and distribution of cater- pillar devices for tractors, tire tracks for tractors, auto jacks, and other products. The principal materials used by the respondent in the manufacture of its finished products are cast iron and-steel forg- ulgs, iron and steel sheets, and other metal materials. The value of the materials used by the respondent in the manufacture of its fin- ished products at the Alliance plants amounted to approximately $64,000 during the 6 months prior to April 1, 1941. Approximately 10 per cent of such materials came from without the State of Ohio. During the same period, the value of the finished products manufac- tured by the respondent at the Alliance plants amounted to approxi- mately $200,000. Approximately 95 per cent of these finished products were sold and shipped by the respondent to points outside the State of Ohio. The respondent concedes that its operations af- fect commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic and commerce among the several States. ORDER Upon the basis of the above findings of fact and stipulation and the entire record in the case, and pursuant to Section 10 (c) of the 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Labor Relations Act, the National Labor Relations Board hereby orders that The Galanot Products Company, Alliance, Ohio, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In am 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 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) In any manner dominating or interfering with the administra- tion of the Machine Workers Protective Association, Inc. or the formation or administration of any other labor organization of its employees, or contributing support to said Association or any other labor organization of its employees; (c) Giving effect to the contract of December 30, 1940, with the Machine Workers Protective Association, Inc., as well as to any extension, renewal, modification, or supplement thereof and any superseding contract with the said Association, which may now be in force; (d) Discouraging membership in the International Brotherhood of Foundry Employees or any other labor organization of its em- ployees by discharging or laying off or refusing to reinstate any, of its employees because of membership or activity in any such labor organi- zation or because of the exercise by any of its employees of their right to engage in concerted activities for the purpose 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 the Machine Workers Protec- tive Association, Inc. as 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 other conditions of employment, and completely disestablish the said As- sociation as such representative; (b) Offer to Leon Breckenridge immediate and full reinstatement to his former or substantially equivalent position without loss of any rights or privileges previously enjoyed by him; (c) Make whole Leon Breckenridge for all losses of pay resulting from his discharge or lay-off by payment to him of the sum of One Hundred and Fifty Dollars ($150) ; THE GALANOT PRODUCTS COMPANY 439 (d) Post immediately in conspicuous places throughout its plants and maintain for a period of at least sixty (60) consecutive days, no- tices that the respondent will cease and desist in the manner aforesaid, ,and will take the affirmative aforesaid action ; (e) Notify the Regional Director for the Eighth Region in writing within ten (10), days from the date of this Order what steps the respondent has taken to comply herewith.