The McClelland Co.

In the Matter of THE MOCLELLAND COMPANY and UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA Case No. C-1910.-Decided July 91, 19/.1 Jurisdiction : wood products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Henry W. Lehmann, for the Board. Mr. Edward A. Doerr, for the respondent. Mr. Peter L. Hoffmann, of Rock Island, Ill., for the Union. Mr. Bliss Daffan, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Brother- hood of Carpenters & Joiners of America, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighteenth Region (Minneapolis, Minne- sota), issued its complaint dated June 2, 1941, against The McClelland Company, Davenport, Iowa, 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 on certain dates specifically set forth therein the respondent laid off, discharged, 'and refused to reemploy five named employees because they joined and assisted the Union and engaged in concerted activities with other employees for the purposes of collec- tive bargaining and other mutual aid and protection; (2) that begin- ning on or about December 31, 1940, and ending on May 9, 1941, when he was permanently discharged and refused reemployment, the re- spondent laid off one named employee for certain periods specifically set forth therein and finally discharged and refused to reemploy him 33 N. L. R. B., No. 114. 665 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD on said date aforesaid because he joined and assisted the Union and engaged in concerted activities with other employees for the purposes of collective bargaining and other mutual aid and protection; and (3) that at various times since August 1940 the respondent interfered with, restrained, and coerced its employees in the exercise of their rights guaranteed in Section 7 of the Act by various specified acts and state- ments to its employees. On June 14, 1941, the respondent filed an answer denying the commission of the unfair labor practices alleged in the complaint. - On June 17, 1941, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. The stipu- lation provides as follows : IT IS HEREBY STIPULATED AND AGREED by and between The Mc- Clelland Company, a corporation, hereinafter called the Respond- ent, by its attorney, Edward A. Doerr; United Brotherhood of, Carpenters and Joiners of America, affiliated with the American Federation of Labor, by its special representative, Peter L. Hoff- man; and Henry W. Lehmann, as attorney for the National Labor Relations Board, that : 11 1. Upon charges and amended charges duly filed by Peter L. Hoffman, Special Representative, on -behalf of United Brother- hood of Carpenters and Joiners of America, the National Labor Relations Board, hereinafter called The Board, by the Regional Director of the Eighteenth Region, issued its complaint dated June 2, 1941, against the Respondent, stating the charges and alleging that the Respondent had engaged in and was engaging in unfair labor practices effecting commerce within the meaning of Section 8, subdivisions (1) and (3), and Section 2, subdivisions (6) and (7) of the National-Labor Relations Act, 49 Stat. 449. On June the 3rd, 1941 the said complaint, accompanied by notice of hearing, was duly served on the Respondent and on the United Brotherhood of Carpenters and Joiners of America; and a hearing upon the allegations set forth in said complaint was scheduled by the notice of hearing to begin on June 19, 1941, at Davenport, Iowa. On June 11th, 1941, the Respondent duly filed its answer to the complaint herein. On that same day, the Regional Director of the Eighteenth Region issued an order and Notice of Continuance, continuing and postponing the date of hearing from the 19th day of June, 1941, until the 26th day of June, 1941. 2. Without admitting that the unfair labor practices alleged in the complaint have been committed, the Respondent now joins, in this stipulation and agreement to the end that this matter may be amicably settled. 3. All of the parties hereto waive the right to a hearing, to the taking of testimony or the submission of evidence, to the making THE MCCIELLAND COMPANY 667 of findings of fact or conclusions of law by the National Labor Relations Board, and to any other or further proceedings, prelim- inary to the issuance of an order herein, under the National Labor Relations Act, or the Rules and Regulations of the National Labor Relations Board. 4. The charges and amended charges, the complaint and notice of hearing, the other pleadings and documents referred to in Paragraph 1 above, and this stipulation, shall constitute the entire record in this proceeding. Said documents shall be entered in and made a part of the record herein by filing with the Chief Trial Examiner of the National Labor Relations Board at Washing- ton, D. C. 5. The Respondent is, and has been at all times since February 2, 1920, a corporation organized under and existing by virtue of the laws of the State of Iowa. The principal office and place of business of the Respondent is located in the City of Davenport, State of Iowa. The Respondent is a subsidiary of U. N. Roberts Corporation, a Delaware Corporation. The Respondent is prin- cipally engaged in the manufacture, sale, and distribution of sashes, doors, frames, inside trim, cupboards, cabinets, desks, panels, screen windows and doors, interior finishings, and other wood products. In the course and conduct of its business, the Respondent purchases lumber, veneers and panels, wire cloth, pulleys, hardware, miscellaneous mill work, painting materials and miscellaneous items. During the period from May 1, 1940 until May 1, 1941, the cost of such materials purchased by the Respondent was as follows : Lumber -------------------------------------------- $218,000 00 Veneers and Panels--------------------------------- 30, 000.00 Glass----------------------------------------------- 5,000.00 Wire Cloth, Pulleys, Hardware, etc------------------- 5, 000.00 Miscellaneous Mill Work---------------------------- 12, 000. 00 Painting Materials---------------------------------- 2, 000.00 Miscellaneous Items--------------------------------- 5,000.00 Total P*chases------------------------------ $277,000.00 The cost of such materials purchased by the Respondent during the aforesaid period of time, which was transported to the Daven- port, Iowa, plant of the Respondent from points of origin outside of the State of Iowa was approximately $267,000.00. The cost of such material purchased by the Respondent during the afore- said period of time which were transported to the Davenport, Iowa, plant of the Respondent from points of origin located within the State of Iowa, was approximately $10,000 .00. During the period from May 1, 1940 to May 1 , 1941, the principal prod- ucts sold by the Respondent were sashes , doors, frames, inside 668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD trim, cupboards, cabinets, desks, panels, screen windows and doors, interior finishings and other wood products. The 'sales of such products made by the Respondent during the aforesaid period of time amounted to approximately $580,000.00. The total value of such products sold by the Respondent during the aforesaid period of time and transported from the Davenport, Iowa, plant of the Respondent to points of destination located outside of the State of Iowa amounted to approximately $240,000.00. The total value of such products sold by the Respondent during the aforesaid period of time and transported from the Davenport, Iowa, plant of the Respondent to points of destination located within the State of Iowa, amounted to approximately $340,000.00. The materials purchased by the Respondent are transported to its Davenport, Iowa plant, principally by railroad or truck. The finished products manufactured by the Respondent are trans- ported from such Davenport, Iowai plant to the purchasers thereof, principally by railroad or truck. The Respondent employs approximately 175 persons. For this proceeding only, the Respondent stipulates to the above facts and admits that the operations of the Respondent occur in commerce within the meaning of Section 2 (6) and (7) of the Act. 6. United Brotherhood of Carpenters and Joiners of America is a labor organization within the meaning of Section 2 (5) of the Act. Local 726 of United Brotherhood of Carpenters and Joiners of _kmerica, hereinafter called the Union, is a Branch of United Brotherhood of Carpenters and Joiners of America, and is a labor organization within the meaning of Section 2 (5) of the Act. Local 726 of United Brotherhood of Carpenters and Join- ers of America admits to membership employees of the Respondent. 7. Leon Hall, named in Paragraph 7 of the Complaint, hereto- fore issued in this proceeding, as having been laid off or dis- charged at- various period of time since December 31, 1940 for the reason that said Leon Hall joined and assisted the Union and engaged in concerted activities with other' employees for the purpose of collective bargaining and other mutual aid and pro- tection, was on or about May 9, 1941, reinstated to his former position with the Respondent of operating a belt sander machine, and has been employed continuously from that date to the present date operating said machine. 8. All of the parties hereto expressly consent and agree that upon the stipulation and the record herein and without further notice or proceedings herein, the National Labor Relations Board may enter an order providing as follows : THE MCCLELLAND COMPANY 669 1. The Respondent, The McClelland Company, its officers, agents, successors and assigns shall not (a) Discourage membership in Local 726 of United Broth- erhood of Carpenters and Joiners of America, or any other Labor organization by discharging, laying off, or refusing to reinstate any of its employees, or in any other manner dis- criminate in regard to hire and tenure of employment, or any term or condition of employment; (b) In any other manner interfere with, restrain or coerco its employees in the exercise of the right to self organization, to form, join or assist labor organizations, to bargain collec- tively through representatives of their own choosing, or 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. 2. The Respondent, The McClelland Company, its officers, agents, successors or assigns, shall take the following affirma- tive action to effectuate the policies of the Act : (a) Make whole each of the following named employees for any loss of wages which he may have suffered by reason of his discharge or layoff on or about the date appearing after his name in paragraph 6 of the Complaint, by the payment to each such employee of the amount of money appearing after his name herein below : John•Hein--------------------------------------- $100.00 Stanley McWilliams----------------------------- 75.00 William Voss____________________________________ 100.00 Louis G. Faust---------------------------------- 75.00 (b) Shall continue to employ Leon Hall at the belt sander machine which he regularly operates, or on similar machines, whenever work is available to be performed on said machine or similar machines, and to the same extent as during Leon Hall's employment with the Respondent prior to December 31, 1940; shall give Leon Hall, whenever the belt sander machine regularly operated by said Leon Hall, or any similar machine; shall not be in use, employment at other work in the same manner and to the same extent as said Leon Hall received while employed by the Respondent prior to December 31, 1940, without any prejudice to his seniority or other rights and privileges previously enjoyed by him; and shall pay the said Leon Hall the sum of $200.00 for any loss of wages which he may have suffered by reason of his layoffs on the dates as set forth in Paragraph 7 of the Complaint issued herein ; 670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Offer to W. E. Fitch immediate and full reinstatement to his former or substantially equivalent position without prejudice to his seniority and other rights and privileges. (d) Post immediately in conspicious places throughout its plant in Davenport, Iowa, and maintain for a period of at least 60 consecutive days from the date of posting, notices to its employees in the form of appendix A attached hereto and made a part of this stipulation and order, stating that the' Respondent will not engage in the conduct set forth in paragraphs 1 (a) and (b) of this order, and that the Respond- ent's employees are free to become or remain members of Local 726 of United Brotherhood of Carpenters and Joiners of America, and that the Respondent will not in any way interfere' with or discriminate against any employee because of membership or activity in that organization; (e) Notify the Regional Director for the Eighteenth Region in writing within ten days from the date of this order, what steps the Respondent has taken to comply herewith; and further notify the Regional Director for the Eighteenth Region in writing, when the Respondent has completed the affirmative action provided for herein, and what further steps Respondent has taken to,comply herewith. 9. All of the parties hereto expressly consent and agree that, upon application of the National Labor Relations Board, the appropriate United States Circuit Court of Appeals shall enter a decree enforcing the order hereinabove agreed to, in the forms and terms hereinabove set forth, and hereby expressly waive any right to contest the entry of said decree, or to receive further notice of the application for or entry of said decree, provided that a copy of said decree shall be served upon the Respondent after its entry. - 10. This stipulation and all agreements made herein are sub- ject to the approval of the National Labor Relations board, and this stipulation shall become effective immediately upon notice to the parties of the granting of such approval. Should the Na- tional Labor Relations Board fail to approve this stipulation within fourteen days from the date of signing thereof, this stipu- lation shall be null and void, and of no effect. 11. This stipulation constitutes the entire agreement between the parties hereto, and no verbal agreement of any kind has been made which alters, detracts from, or adds to this stipulation. On June 24, 1941, the Board issued its order approving the above stipulation, making it a part of the record in the case, and transferring THE McCLELLAND COMPANY 671 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 The McClelland Company is a corporation organized and existing under the laws of the State of Iowa. Its principal office and place of business is in the City of Davenport. The respondent is a subsidiary of U. N. Roberts Corporation , a Delaware corporation , and is engaged in the manufacture, sale, and distribution of sashes, doors, frames, inside trim, cupboards, cabinets, desks, panels, screen windows and doors, interior finishings , and other wood products . In the conduct of its business the respondent purchases lumber, veneers and panels, wire cloth, pulleys, hardware , miscellaneous millwork, painting ma- terials, and miscellaneous items. During the period from May 1, 1940, to May 1, 1941, the cost of such materials purchased by the respondent was approximately $277,000. Of this amount the sum of approxi- mately $267,000 was expended for materials purchased and trans- ported to the respondent's plant from points outside the State of Iowa. During the same period the sale of the respondent 's products amounted to approximately $580,000. Of this amount the sum of approximately $240,000 was derived from the sale of products shipped from the re- spondent's plant to points of destination located outside the State of Iowa. The respondent employs 175 persons. For the purpose of this proceeding 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. ORDER On 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 The McClelland Company, Davenport, Iowa , its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in Local 726 of United Brotherhood of Carpenters and Joiners of America, or any other labor organiza- tion by discharging, laying off , or refusing to reinstate any of its employees, or in any other manner discriminating in regard to hire 672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and 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 the right to self-organization, to form, join or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing, or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or pro- tection 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) Make whole each of the following named employees for any loss of wages which he may have suffered by reason of his discharge or lay-off on or about the date appearing after his name in paragraph 6 of the complaint, by the payment to each such employee of the amount of money appearing after his name herein below; John Hein---------------------------------------------- $100.00 Stanley McWilliams------------------------------------ 75. 00 William Voss------------------------------------------- 100.00 Louis G. Faust---------------------------------------- 75.00 (b) Shall continue to employ Leon Hall at the belt sander machine which he regularly operates, or on similar machines, whenever work is available to be performed on said machine or similar machines, and to the same extent as during Leon Hall's employment with the re- spondent prior to December 31, 1940; shall give Leon Hall, whenever the belt sander machine regularly operated by said Leon Hall, or any similar machine, shall not be in use, employment at other work in the same manner and to the same extent as said Leon Hall received while employed by the respondent prior to December 31, 1940, without any prejudice to his seniority or other rights, and privileges previously enjoyed by him; and shall pay the said Leon Hall the sum of $200.00 for any loss of wages which he may have suffered by reason of his lay-offs on the dates as set forth in Paragraph 7 of the complaint issued herein ; (c) Offer to W. E. Fitch immediate and full reinstatement to his former or substantially equivalent position without prejudice to his seniority and other rights and privileges; (d) Post immediately in conspicuous places throughout its plant in Davenport, Iowa, and maintain for a period of at least 60 consecutive 'days from the date of posting, notices to its employees in the form of Appendix A attached hereto and made a part of this stipulation and order, stating that the respondent will not engage in the conduct set forth in paragraphs 1 (a) and (b) of this Order, and that the re- spondent's employees are free to become or remain members of Local 726 of United Brotherhood of Carpenters and Joiners of America, and that the respondent will not in any way interfere with or dis- THE McGLYLLAND COMPANY 673 criminate against any employee because of membership or activity in that organization; (e) Notify the Regional Director for the Eighteenth Region in writing within ten (10 ) days from the date of this Order, what steps . the respondent has taken to comply herewith ; and further notify the Regional Director for the Eighteenth Region in writing, when the re- spondent has completed the affirmative action provided for herein, and what further steps respondent has taken to comply herewith. APPENDIX A NOTICE TO EMPLOYEES The McClelland Company hereby informs its employees that they are free to become or remain members of Local 726 of United Brother- hood of Carpenters and Joiners of America , and that the Company will not in any way interfere with or discriminate against any em- ployee because of membership or activity in that organization. The Company will not, either through its officers, supervisory em- ployees, foremen or agents, discourage membership - in Local 726 of United Brotherhood of Carpenters and Joiners of America, or any other labor organization , by discharging , laying off, or refusing to reinstate any of its employees, or in any other manner discriminating in regard to hire and terms of employment , or any term or condition of .employment. The McClelland Company further informs its em- ployees that it will not in any other manner interfere with , restrain, or coerce its employees in the exercise of their right to self-organiza- tion, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing , or 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.