National Metal Products Co., Inc.

In the Matter of NATIONAL METAL PRODUCTS COMPANY, INC. and METAL POLISHERS, BUFFERS, PLATERS AND HELPERS INT'L UNION, LOCAL No. 70, AFFILIATED .WITH THE AFL Case No. C-1853.-Decided May 3, 1941 Jurisdiction : hardware manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Colonel C. Sawyer, for the Board. Waite, Schindel c0 Bayless, by Mr. Phillip J. Schneider, of Cincin- nati, Ohio, for the respondent. Mr. Walter Bennett, of Kokomo, Ind., for the Union. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Metal Polishers, Buffers, Platers and Helpers International Union, Local No. 70, affiliated with the AFL, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eleventh Region (Indianapolis, Indiana), issued its complaint dated March 24, 1941, against National Metal Products Company, Inc., Connersville, In- diana, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting com- merce, 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. Copies of the complaint and the accompanying notice of hearing thereon were duly served upon the respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance (1) that from on or about October 1, 1940, down to and including October 24, 1940, the respondent, by its ,officers and agents, urged, persuaded, and warned its employees to refrain from becoming or remaining members of the Union under penalty of 31 N. L. R. B, No. 90. 441843-42-vol. 31-36 547 548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD discharge or other reprisals; (2) that on or about October 13, 1940, the respondent, by its officers and agents, 'attempted by threats of physical violence and other reprisals to obtain information concern- ing activities of the Union from Carl H. Rummel, an employee of the respondent and an active member of the Union; (3) that on October 24, 1940, charges previously filed by the Union with the Board were informally adjusted by the execution of 'a settlement agreement on that date, signed by the respondent and the Union, and approved by the Regional Director, and by the posting of a notice in respondent's plant; (4) that since the signing of such settlement. agreement and continuously thereafter, and down to and including the issuance of the complaint, the respondent has engaged in unfair labor practices in violation of the aforesaid settlement agreement in that it has urged, persuaded, and warned its employees to refrain -from becoming or remaining members of the Union under penalty ,of discharge, interrogated employees concerning their knowledge of activities of the Union, and in other ways has attempted to discredit the Union; (5) that on or about November 4, 1940, the respondent discharged Virgil Higgs and thereafter refused to reinstate him because he was a member of and assisted the Union, and' because he engaged in concerted activities for the purpose of collective bargain- ing and other mutual aid and protection; and (6) that by these and other acts, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Prior to a hearing,. the respondent, the 'Union, and the attorney for the Board entered into a stipulation dated April 7, 1941. The stipulation provides as follows : STIPULATION A charge having been filed by the Metal Polishers, Buffers, Platers and Helpers International Union, Local No. 70, affiliated with the AFL (hereinafter called the Union), with the Regional Director of the National Labor Relations Board (hereinafter called the Board), for the Eleventh Region, at Indianapolis, Indiana, on November 6, 1940, alleging that the National Metal Products Company, Inc. (hereinafter called the Respondent) has engaged in unfair labor, practices within the meaning of Sections 8 (1) and (3) of the National Labor Relations Act; the Board, through its Regional Director, having issued' and served a complaint stating the charges, 'service of which is hereby acknowledged by the parties; and it being the desire of the I a NATIONAL METAL PRODUCTS COMPANY, INC. 549 parties to conclude all proceedings before the Board in this case, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto : - (1) The National Metal Products Company, Inc., 419 East Tenth Street, Connersville, Indiana, is an Indiana corporation incorporated January 2, 1934. It has no affiliates nor is it a subsidiary of any other company and employs approximately 63 employees at its Connersville Plant. Respondent, at its Connersville Plant, is engaged in the manu- facture, sale and distribution of exterior casket hardware, and its market for its product is the casket manufacturers who' are small and not large enough to manufacture their own hardware. Its products are fabricated completely from raw materials such as casting alloy metals and cold roll steel. Its plant though small is equipped to perform all operations from the raw mate- rials to the finished product. Respondent obtains cold roll steel from companies in Indiana; Youngstown, Ohio; Chicago, Illinois; and Warren, Ohio, and obtains casting alloy metals from firms in Whiting, Indiana ; Indianapolis, Indiana; and Cincinnati, Ohio. In connection with the manufacture of respondent's products, it also purchases such things as packing, boxes, lumber and plating chemicals. These various items are purchased from firms in Indiana, Kentucky and Ohio. The total dollar value estimated in round figures of respond- ent's purchases of raw material for the year 1940 is in excess of $100,000. Approximately 65 to 70 per cent of such purchases was purchased from firms located outside of the State of Indiana. The respondent's finished product in terms of dollars during the year 1940 is estimated in round figures to be in excess of $250,000. Approximately 75 per cent thereof represents sales to customers located in states other than the State of Indiana. Respondent admits that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. (2) The Metal Polishers, Buffers, Platers and Helpers Inter- national Union, Local No. 70, affiliated with the AFL, is a labor organization within the meaning of Section 2, subsection (5) of the National Labor Relations Act. (3) That, without hearing and other procedure before the Board to which the parties may be entitled under the National Labor Relations Act, or the Rules and Regulations of the Board, the Board may, upon the basis of the pleadings and this Stipu- lation, make'findings of fact and enter the following Order: 550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, National Metal Products Company, Inc., its officers and agents, shall : 1. Cease and desist from : (a) Discouraging membership in Metal Polishers, Buffers, Platers and Helpers, International Union, Local No. 70, affili- ated with the AFL, or any other labor organization of its employees, by discriminating in regard to hire or tenure of employment or any term or condition of employment; (b) In any other manner interfering with, restraining or coercing its employees in the exercise 'of their right 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 which the Board finds will effectuate the policies of the Act : (a) Offer to Virgil Higgs immediate and full reinstatement to his former position without prejudice to his I seniority or other rights and privileges; - (b) Make whole Virgil Higgs for any loss of pay he may have suffered by reason of the discrimination against him, by payment to him of a sum of money equal to the amount which he would normally have earned as wages during the period the respondent discriminated against him, less his net earnings during such period; (c) Immediately post notices in conspicuous places through- out its plant at Connersville, Indiana, and maintain such notices for a period of sixty (60) consecutive days from the date of posting, stating; (1) That the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; (2) That the respondent will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) That respondent's employees are free to become or remain members of Metal Polishers, Buffers, Platers and Helpers, International Union, Local No. 70, affiliated with the AFL, and the respond- ent will not discriminate against any employee because of 14 _ I NATIONAL METAL PRODUCTS COMPANY, INC. 551 membership or activity in that organization , or any other organization ; (d) Notify the Regional Director for the- Eleventh Region in writing within ten days from the date of this Order what steps the respondent has taken to comply therewith. (4) The parties hereby consent to the entry by the United States Circuit Court of Appeals for the Seventh Circuit, upon ap- plication by the Board, of a Decree in the form attached hereto and made a part hereof , enforcing the Order of the Board as above set forth, without further notice of said application. The execution of this Stipulation and the entry of said Decree shall conclude all proceedings before the Board in the above entitled case. (5) That the entire agreement is contained within the terms of this Stipulation and there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation. (6) That this Stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. IN THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT NATIONAL LABOR RELATIONS BOARD, PETITIONER V. NATIONAL METAL PRODUCTS COMPANY, INC., RESPONDENT DECREE The National Labor Relations Board (hereinafter called the Board), pursuant to the authority conferred upon it by an act of Congress, approved July 5, 1935 (49 Stat. 449, C. 372; 29 U. S. C. A. Section 151 et seq.), and known as the National Labor Relations Act, having on the day of ___'____, 1941, peti- tioned this court for the enforcement of a certain Order issued by the Board in a proceeding by it against respondent, National Metal Products Company, Inc., said proceeding being known upon the records of the Board as Case No. XI-C-785, the title thereof being "In the Matter of National Metal Products Company, Inc. and Metal Polishers, Buffers, Platers, and Helpers, International Union, Local No. 70, affiliated with the AFL," and the said re- spondent and the Board having on the ____ day of April 1941, stipulated for the entry of a decree in this form, 552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS - HEREBY ORDERED, ADJUDGED AND DECREED,'by consent of all parties, that the Order of the Board, as set out below, is hereby affirmed and enforced : ORDER Upon the basis of the above findings of fact and conclu- sions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that ,the respondent, National Metal Products Company, Inc., its officers and agents, shall: 1. Cease and desist from : (a) Discouraging membership in Metal Polishers, Buffers, Platers and Helpers, International Union, Local No. 70, affili- ated with the AFL, or any other labor organization of its em- ployees, by discriminating in regard to hire or tenure of employment or any term or 'condition of employment; • (b) In any other manner interfering with, restraining or coercing its employees in the exercise of their right to form, join, or assist labor organizations, to bargain 'collectively through representatives of their own choosing and to en- gage 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. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to Virgil Higgs immediate and full reinstate- ment to his former position without prejudice to his seniority or other rights and privileges; (b) Make whole Virgil Higgs for any loss of pay he may have suffered by reason of the discrimination against him, by payment to him of a sum of money equal to the amount which he would normally have earned as wages during the period the respondent discriminated against him, less his net earn- ings during such period; (c) Immediately post notices in conspicuous places through- out its plant at Connersville, Indiana, and maintain such notices for a period of sixty (60) consecutive days from the date of posting, stating: (1) That the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this .Order; (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) That re- spondent's employees are free to become or remain members of Metal Polishers, Buffers, Platers and Helpers, International NATIONAL METAL PRODUCTS COMPANY, INC. 553 Union , Local No. 70, affiliated with the AFL, and the re- spondent will not discriminate against any employee because of membership or activity in that organization , or any other organization; (d) Notify the Regional Director for the Eleventh Region in writing within ten days from the date of this Order what steps the respondent has taken to comply therewith. ------------------------------ Judge, United States Circuit Court of Appeals for the Seventh Circuit ------------------------------ Judge, United States Circuit Court of Appeals for the Seventh Circuit ------------------------------ Judge, United States Circuit Court of Appeals for the Seventh Circuit On, April, 16, 1941 , the Board issued and duly, served upon the parties an Order approving the above stipulation, making it a part of the record in the case, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended , transferring the case to the Board for the purpose of entry of a Decision and Order 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 1. THE BUSINESS OF THE RESPONDENT National Metal Products Company, Inc., an Indiana corporation with its principal place of business and plant at Connersville, Indi- ana, herein called the Connersville plant, is engaged in the manu- facture, sale, and distribution of exterior casket hardware. , During 1940, the respondent purchased raw materials valued in excess, of $100,000, approximately 65 to 70 per cent of which were purchased from outside the State of Indiana . During 1940, the respondent sold finished products valued in excess of $250,000 , approximately 75 per cent of which represented sales to customers located in -States other than Indiana. The respondent admits that it is engaged in interstate 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. 554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the above findings -of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, National Metal Products Company, Inc., its officers and agents, shall: 1. Cease and desist from : (a) Discouraging membership in Metal Polishers, Buffers, Platers and Helpers, International Union, Local No. 70, affiliated with the AFL, or any other labor organization of its employees, by discrim- inating in regard to hire or tenure of employment or any term or condition of employment; (b) In any other manner, interfering with, restraining or coercing its employees in the exercise of their right 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 which the Board finds will effectuate the policies of the Act : (a) Offer to Virgil Higgs immediate and full reinstatement to his former position without prejudice to his seniority or other rights and privileges; (b) Make whole Virgil Higgs for any loss of pay he may have suffered by reason of the discrimination against him, by payment to him of a sum of money equal to the amount which he would nor- mally have earned as wages during the period the respondent dis- criminated against him, less his net earnings during such period; (c) Immediately post notices in conspicuous places throughout its plant at Connersville, Indiana, and maintain such notices for a period of sixty (60) consecutive days from the date of posting, stating: (1) That the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; (2) That the respondent will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) That respondent's employees are free to become or remain members of Metal Polishers, Buffers, Platers and Helpers, International' Union, Local No. 70, affiliated with the AFL, and the respondent will not discriminate against any employee because of membership or activity in that organization, or any other organiza- tion ; (d) Notify the Regional Director for the Eleventh Region in writing within ten days from the date of this Order what steps the respondent has taken to comply therewith. 41