The Rausch Nut & Mfg. Co.

In the Matter of THE RAUSCH NUT & MFG. Co. and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 70 (C.I.O.) Case No. C-1900.-Decided June 30, 1941 .Jurisdiction : nut manufacturing industry. _ .Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Harry L. Lodish, for the Board; Mr. John W.-.Scott, of Cleveland, Ohio, for the respondent. Mr. Halting Jones, of Cleveland, Ohio, for the Union. Mary M. Persinger, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and ,amended charges duly filed by International Union, United Automobile Workers of America, Local 70 (C. I. 0.), herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleveland, Ohio), issued.and duly served its complaint dated May 6, 1941, against The Rausch- Nut & Mfg. Co., Cleveland, 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) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. With respect to the unfair labor practices the complaint alleged in substance that the respondent: (1) on or about February 5, 1941, discharged and at all times since refused to rehire one John Stebick and one Walter Chruszczak, because they had joined the Union and/or had engaged in concerted activities with other employees for the purposes of collective bargaining and other mutual aid and pro- tection, thereby discriminating in regard to their hire, tenure, terms, and conditions of employment, and discouraging membership in the Union ; (2) on or about January 31, and February 3, 1941, circulated and permitted the circulation of statements calculated to influence 33 N. L. R. B., No. 15. . 71 70- DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Industrial Organizations, for the purposes of collective bargaining, or by neither; and 2. Among all machine-shop employees, including machinists, machinist helpers, machinist apprentices, millwrights, pipefitters, heat treaters, blacksmiths, blacksmith helpers, grinders in the machine shop, drill-press operators who work under the master mechanics, welders in the machine shop, carpenters and electricians who work under the master mechanics, diemakers, die repairmen, toolroom employees, and boilerhouse employees, but excluding employees described in paragraph 1, above, to determine whether they desire to be represented by New Deal Lodge 404, International Association of Machinists, affiliated with the American Federation of Labor, or by Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. MR. EDWIN S. SMITH, concurring : The I. A. M. began its organizational activities in 1933, almost 8 years before the S. W. O. C. commenced its. organization on an industrial basis. During that period, the I. A. M. has successfully bargained with the Company in behalf of its members, all of whom are machine-shop workers. Under these circumstances I am of the opinion that an election of the sort provided for is permissible under the rule which -I have enunciated in my concurring statements in .Matter, of The American Hardware Company 4 and other similar cases.5 4 Matter o f The American Hardware Company and United Electrical and Radio Workers of America, 4 N. L. R. B: 412. 6 See Matter of General Electric Company and Lodge No. 70, International Association of Machinists, 20 N: L. R. B. 1030. 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD its employees not to join or form labor organizations of their own choice or to designate their own representatives for the purposes of collective bargaining, but suggesting instead the formation of an unaffiliated organization or committee; (3) and by the foregoing acts, and conduct, interfered with, restrained, and coerced its employees in the exercise of rights guaranteed in Section 7 of the Act. On May 21,.1941, the respondent filed its answer, admitting certain allegations of the complaint but denying that it had engaged in the alleged unfair labor practices. Pursuant to notice, a hearing was held on June 9,1941, at Cleveland; Ohio, before Gustaf B. Erickson, the Trial Examiner duly desig- nated by the Chief Trial Examiner. All parties were represented by counsel and participated in the hearing. During the- hearing the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and among the Bausch Nut & Mfg. Co., (hereinafter called the Respondent), the In- ternational Union, United Automobile Workers of America, Local 70 (C: I. 0.) (hereinafter called the Union), and Harry. L. •Lodish, regional attorney, 8th Region, National Labor Relations Board, that : I Upon an Amended Charge duly filed by the Union, the Na- tional Labor ' Relations Board (hereinafter called the Board) by the Regional Director for the 8th 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 of the National Labor Relations Board Rules and Regulations, Series 2, as amended, duly issued a Complaint and Notice of Hearing thereon on May 6, 1941, against the Respondent. II. , Respondent is and has been, since 1932, a Corporation or- ganized under and existing by virtue of the laws of the State of Ohio. The Respondent, at its plant located in the City of Cleveland, County of Cuyahoga, State of Ohio, is engaged in the manufacture, of hexagonal-shaped nuts, largely for the auto- mobile industry. i i THE RAUSCH NUT & MFG. CO. 73 Raw materials used by the Respondent are steel and brass bars. The value of the raw materials purchased by the respond- ent annually is about Forty Thousand Dollars ($40,000), of which about ninety percent (90%) is purchased and transported to -the. Respondent from outside the State of Ohio. The Re- spondent's annual sales amount to about Seventy -Five Thousand - ($75,000 ) Dollars, of which over fifty percent (50%) is sold and delivered outside the State of Ohio. 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. The Respondent has offered John Stebick and Walter Chrusz- czak immediate and full reinstatement to their former positions, without prejudice to their seniority and other rights and privi- leges, and said John Stebick and Walter Chruszczak have de- clined reinstatement. r - VI. 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. VII. The Complaint, Notice of Hearing, and the Amended Charge may be filed with the Chief Trial Examiner of the National La- bor Relations Board, together with this Stipulation and shall con- stitute the record in this case. VIII. This Stipulation is subject to the approval of the National La- bor Relations Board, and, upon this Stipulation being approved by it, the said Board may enter an.Order to the following effect : 1. The Respondent, its officers, agents, successors and assigns shall cease and desist from : (a) Circulating or permitting the circulation of statements calculated to influence its employees not to join or form labor or- ganizations of their own choice. 74. DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Suggesting formation of unaffiliated- organizations or committees. (c) Discouraging its employees from designating their own representatives for the purposes of collective bargaining. (d) Discouraging membership in the International Union, United Automobile Workers of America, Local 70 (C. I. 0.) or in any other labor organization ofits employees by discharg- ing or refusing to reinstate any of its employees or in any other manner discriminating in regard to their hire or tenure of em- ployment or any term or condition of their employment. (e) In any other manner interfering with, restraining or co- ercing employees in the exercise of their right of 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 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 rights to self organization, to form, join, or assist labor organizations, to bargain collectively through repre- sentatives 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) Make whole John Stebick and Walter Chruszczak for any loss of,pay they may have suffered by reason of the dis- crimination against them by payment to John Stebick the sum of Three Hundred and Eighty-One Dollars and Seventy-Five Cents ($381.75) and to Walter Chruszczak the sum of Four Hundred and One Dollars and Thirty-Six Cents ($401.36). (c) Post immediately in conspicuous places at its plant and maintain for a period of at least sixty (60) consecutive days from the date of posting notices 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 1-(e) in- clusive of this Order; (2) that the Respondent will take the affirmative action set forth in paragraphs 2-(a) to 2-(b) in- clusive of this Order; and (3) that the Respondent's employees are free to become or remain members' of the International THE RAUSCH NUT & MFG. CO. 75 Union, United Automobile Workers of America, Local 70 (C. I. 0.), and that the Respondent will not discriminate against any employees because of their membership or activity in that organization. ,(d) Notify the Regional Director for the 8th Region, in writ- ing, within ten (10) days from the date of this-Order of the steps the Respondent has taken to comply herewith. IX. It is further stipulated and agreed- that, any appropriate Cir- cuit Court of Appeals in the United States may, upon applica- tion by'the Board, enter its decree enforcing the Order of the Board in the form above set out. Respondent waives its rights to contest the entry of any such decree and its rights to receive notice of the filing of the 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 and if not approved by, the Board none of the statements ' recited hereinabove may be used as ' evidence in any proceeding before the Board. On June 16, 1941, the Board issued its 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 proceeding to the Board for the purpose of entering 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 1. THE BUSINESS OF THE RESPONDENT The respondent, The Rausch Nut - & Mfg. Co., is an Ohio corpora- tion. At its plant at Cleveland, Ohio, it is engaged in the manufac- ture of hexagonal-shaped nuts, largely for the automobile industry. Raw materials consisting of steel and brass bars of a value of about 76 DECISIONS OF. NATIONAL -LABOR RELATIONS BOARD $40,000 are annually purchased by the respondent for use in its plant. About 90 per cent of such materials are purchased by the respondent outside the State of Ohio-.- The respondent's annual sales amount'to about $75,000. Over 50 per cent of its products are sold and 'deliv- ered by the respondent outside the, State of Ohio. The respondent concedes that it is engaged in commerce within the meaning of Sec- tion 2 (6) of the Act. . We find that the above described operations of the respondent.con- stitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of. the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, The Rausch Nut & Mfg. Co., Cleve- land,'Ohio, its officers, agents, successors, and assigns shall: 1. Cease and desist from : . (a) Circulating or permitting the circulation of statements cal- culated to influence its employees not to join or form labor organizations of their own choice;, . (b) Suggesting formation of unaffiliated organizations . or committees ; (c) ' Discouraging its employees from designating their own rep- resentatives for the purposes of collective bargaining; (d)' Discouraging membership in the International Union, United Automobile Workers of America,. Local 70 (C. I. 0.) or in any other labor organization of its employees by discharging or refusing to rein- state, 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; (e) In any other manner interfering with, restraining,or coercing 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 which will effectuate 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 rights to self organization, to form, join or assist labor organiza- THE RAUSCH NUT & MFG. CO. 77 tions, 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 guaran- teed in Section 7 of the National- Labor Relations Act; (b) - Make . whole John Stebick and Walter Chruszczak for any loss of pay they may have suffered by reason of the discrimination' against them by payment to John Stebick the sum of Three Hundred and Eighty-One Dollars and Seventy-Five Cents ($381.75) and to Walter Chruszczak the sum of Four Hundred and One Dollars and Thirty-Six Cents ($401.36) ; (c) Post immediately in conspicuous places at its plant and main- tain for a period of at least sixty (60) consecutive days from the date of posting notices to its employees stating (1) that the respond- ent will not engage in the conduct from which it is ordered to cease and desist in paragraphs -1- (a) to 1- (e) - inclusive of this Order ; (2) that the respondent will take the affirmative action set forth in paragraphs 2-(a) to -2-(b) inclusive of this Order; and (3) that the respondent's employees are.free to become or remain members of the International Union, United Automobile Workers of America, Local 70 (C. I. O.),. and that the respondent will not discriminate against any employees because of their membership or activity in that organization. (d) Notify the Regional Director for the 8th Region, in writing,' within ten (10) days from the, date of this Order of the steps the respondent has taken to comply herewith.