Ford Motor Co.

In the Matter of FORD MOTOR COMPANY and INTERNATIONAL UNION7 UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. U-1917.-Decided July 15, 1941 Jurisdiction : automobile manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Martin I. Rose, Mr. Alan Perl, Mr. Theodore W. Kheel, and Mr. Will Maslow, for the Board. Messrs. Goodman & Werner, of New York City, and Mr. I. A. Capiszzi, of Detroit, Mich., for the respondent. Mr. Samuel L. Rothbard and Mr. Leonard H. Goldsmith, -of New- ark, N. J., and Mr. Maurice Sugar, of Detroit, Mich., for the Union. Miss Marcia Hertzmark, 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, affiliated with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (New York City), issued its complaint dated March 26, 1941, against Ford Motor Company, Edgewater, New Jersey, 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. Copies of the complaint and notices of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, (1) that the respondent, on or about January 1, 1937, and prior thereto, urged, persuaded, and warned its employees at its Edge- 33 N. L. R. B., No. 81. 442 FORD MOTIOR CO. 443 water plant to refrain from aiding, becoming, or remaining members of the Union or any labor organization, or engaging in any activity for the pui poses of collective bargaining or other mutual aid or pro - tection; threatened its employees with discharge or other reprisals if they aided the Union or engaged in any activity for the purposes of collective bargaining or other mutual aid or protection; kept under surveillance the activities, meetings, and meeting places of the Union and its members and of the employees and their activities; interro- gated its employees concerning their union membership and activites; and expressed to its employees its hostility to the Union; (2) that the respondent on various dates discharged 23 named persons and refused to reinstate them because they joined or assisted the Union or engaged in other concerted activities for the purposes of collective bargaining or other'mutual aid or protection; and (3) that the respondent on or about September 14, 1937, laid off and refused to reinstate three named employees because they joined or assisted the Union or engaged in other concerted activities for the purposes of collective bargaining or other mutual aid or protection. The respondent thereafter filed its answer dated April 5, 1941, deny- ing the Commission of the unfair labor practices alleged in the com- plaint. On April 24,1941, the respondent filed an amended answer in which it alleged affirmatively that the causes of action with respect to the three persons alleged to have been discriminatorily laid off accrued more than 3 years prior to the service of the complaint and that the Board failed and neglected for an unreasonable length of time to prosecute said causes of action. It asked that the complaint be dismissed. The Board thereafter issued an Amendment to the Complaint, alleging that two named persons were discharged by the respondent about August or September 1938 because the respondent suspected that they were aiding a labor organization and that the respondent dis- charged another employee because he declined to aid the respondent in its efforts to prevent organization of a union at its Edgewater plant. The respondent filed an Answer to Amendment to Complaint, dated May 13, 1941, denying the allegations thereof and alleging affirmatively that, as to two of the alleged claims or causes of action, the Board had neglected for an unreasonable length of time to prosecute the claims and that they are barred by reason of lathes. Pursuant to notice, a hearing was held from April 24, 1941, to June 20,1941, at New York City, before William B. Barton, the Trial Exam- iner duly designated by the Chief Trial Examiner. The respondent, the Union, and the Board were represented by counsel and participated in the hearing. During the course of the hearing the Board issued a Second Amendment to Complaint adding two persons to the list of those alleged in the complaint to have been discriminatorily discharged. 444 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD The respondent filed an Answer to Second Amendment to Complaint, dated June 4, 1941, denying the allegations thereof and alleging affirma- tively that the causes of action with respect to the two persons men- tioned therein were not prosecuted with reasonable diligence and that they are barred by reason of lathes. On June 26, 1941, the respondent and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : WHEREAS, a hearing in the above-entitled matter has been in progress since April 24, 1941 before the National Labor Relations Board by its duly designated Trial Examiner, in accordance with the Rules and Regulations of the said Board; IT IS HEREBY STIPULATED by and between Ford Motor Company, hereinafter referred to as Respondent, by Messrs. Goodman and Werner, its attorneys, and Martin I. Rose, attorney for the Na- tional Labor Relations Board : 1. International Union, United Automobile Workers of Amer- ica, affiliated with the Congress of Industrial Organizations, here- inafter referred to as the Union, is a labor organization within the meaning of Section 2, subsection (5), of the National Labor Rela- tions Act. II. Respondent concedes that it is engaged in interstate com- merce within the meaning of the National Labor Relations Act in the operation of its Edgewater, New Jersey, plant. III. Respondent waives its right to a further hearing in this matter; waives its right to the making or entry by the National Labor Relations Board of findings of fact or conclusions of law, and stipulates and agrees that the National Labor Relations Board may, without other or further notice to the Respondent, forthwith make and enter its Order in the following terms : Respondent Ford Motor Company, its officers, agents, suc- cessors and assigns shall : (a) Offer to the persons named in the complaint' as amended in this matter, more particularly those persons whose names are set forth in Schedule A annexed hereto and made a part hereof, immediate and full reinstatement at its Edgewater, New Jersey, plant to their former or substantially equivalent positions with- out prejudice to their seniority and other rights and privileges; (b) Notify the Regional Director of the Second Region of the National Labor Relations Board, in writing within twenty (20) days from the date of this Order of the steps Respondent has taken to comply herewith. IV. Respondent further stipulates and agrees to the entry by any appropriate United States Circuit Court of Appeals of a FORD MOTOR CO. 445 decree enforcing the Order of the National Labor Relations Board as above set forth, and waives its right to contest any ap- plication of the National Labor Relations Board for the entry of such a decree, and further waives any and all requirements of notice of filing of such application by the National Labor Relations Board before any United States Circuit Court of Appeals. V. This stipulation when approved shall be filed with the Trial Examiner in this proceeding and when so filed, together with pleadings consisting of complaint, amendment to complaint, second amendment to complaint, answer, amended answer, answer to first amendment to complaint, answer to second amend- ment to complaint, fourth amended charge, fifth amended charge, and sixth amended charge, shall constitute the record in this case. VI. IT IS FURTHER STIPULATED AND AGREED that this stipula- contains the entire agreement between the parties to this stipula- tion concerning disposition of Case No. II-C-2826. VII. IT IS FURTHER STIPULATED AND AGREED that this stipula- tion is subject to the approval of the National Labor Relations Board as to.form. On July 1, 1941, the Board issued its order approving the above stipulation making it 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 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, Ford Motor Company, a corporation organized under and existing by virtue of the laws of the State.of Delaware, having its main office at Dearborn, Michigan, is engaged at plants located in various States of the United States in the manufacture, assembly, sale, and distribu- tion of automobiles, automobile trucks, automobile tractors, auto- mobile parts and accessories and related products. We are here con- cerned only with its plant at Edgewater, New Jersey. A substantial amount of the materials and products used in the manufacture, as- sembly, sale, and distribution of its products are purchased, delivered, and transported from States other than the State of New Jersey and from foreign countries to its Edgewater plant. A substantial part of the products manufactured, assembled, sold, and distributed by the respondent is delivered by it to States other than the State of New Jersey, and to foreign countries. 446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The respondent admits that it is subject to the jurisdiction of the Board. 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, 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 Ford Motor Company, Edgewater, New Jersey, its officers, agents, successors, and assigns, shall : (a) Offer to the persons named in the complaint as amended in this matter, more particularly those persons whose names are set forth in Schedule A annexed hereto and made a part hereof, immedi- ate and full reinstatement at its Edgewater, New Jersey, plant to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges; (b) Notify the Regional Director of the Second Region of the National Labor Relations Board, in writing within twenty (20) days from the date of this Order what steps the respondent has taken to comply herewith. SCHEDULE A Joseph B. Ploen Charles Cook Frank Gonzales Aros Stephen Valrich, also Alexander Flynn Berla J. Malles known as Stephen James Donnellan Amadeo Costa Varich also known Joseph Tutela Peter Tyborski as Stephen Varick Charles Coggio Frank Joseph Suca- Casmiro Garcia Alfred E. Correll rato Walter Hughes Frank Ciesla Joseph Sucarato, Jr., Charles Julian Herman Blanco also known as Thomas De Fabrizio Alwyn Robertson Joseph Edwin Joseph Chabot Joseph L. Pereira also Sucarato William McDermott known as Jose Luiz' John Juliano Leonard L. Scott Pereira Armando"Gasbarro James McGuiness Louis V. Anastasia Leo Angersoll