Shellmar Products Co.

In the Matter of SHELLMAR PRODUCTS COMPANY and INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION OF NORTH AMERICA (A. F. OF L.) and PAPER, NOVELTY & TOY WORKERS INTERNATIONAL UNION (C. 1. 0.) Cases Nos. C-1929 and C-1934.-Decided August 9,1941 Jurisdiction : conversion of packaging material. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Dwight A. Blackmore and Mr. Maw W. Johnstone, for the Board. Mr. P.'M. Gilfcllan, for the respondent. Mr. Robert T. Farley, for the Pressmen. Mr. Nicholas C. Vrataric, for the C. I. O. Mr. Floyd F. Dunmire, Mr. James M. Dodgion, and Miss Edith Brining, for the Employees Association. Mr. William H. Bartley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges filed by the International Printing Pressmen and Assistants' Union of North America (A. F. of L.), herein called the Pressmen, and amended charges filed by the Paper, Novelty & Toy Workers International Union (C. I. 0.), herein called the C. I. 0., and after an Order of Consolidation, dated June 26, 1941, consoli- dating the cases, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleve- land, Ohio) issued its complaint dated June 27,1941, against Shellmar Products Co., Mount Vernon, 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 Sec- tion 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 Pressmen, the C. I. 0., and the Shellmar 34 N. L. It. B., No. 6. 49 50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Employees Association, herein called the Employees Association, a labor organization allegedly dominated by the respondent. Regarding the unfair labor practices, the complaint alleged, in sub- stance, (1) that the respondent during or about May 26, 1941, initiated and formed the Employees Association and has since fostered, sup- ported, and dominated its administration; (2) that during or about the month of May 1940 and at all times since that date respondent interfered with the right of its employees to self-organization and collective bargaining in that it made derogatory remarks against the C. 1. 0. and the Pressmen, threatened lay-off and. discharge to members of the C. I. O. and the Pressmen, threatened shut-down of certain de- partments in the plant if the C. I. O. was organized, refused to allow representatives of the C. I. O. and the A. F. of L. the same soliciting privileges which it granted to the representatives of the Employees Association, and engaged in other acts of intimidation and surveillance; (3) that respondent discriminated in regard to the hire and tenure and other terms and conditions of employment of certain specified em- ployees by failing and refusing to give theta pay increases because they failed or refused to join the Employees Association and by giving raises to employees who were or became members of the Employees Associa- tion; and (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 June 27, 1941, prior to the scheduled hearing in the case, the respondent, the Pressmen, the C. I. 0., the Employees Association, the Field Examiner, and an attorney for the Board entered into a Stipu- lation for Settlement of the Case. On July 12, 1941, the same parties entered into a Supplemental Stipulation, which provided for the sub- stitution of a new paragraph in place of paragraph 2 (b) of the original Stipulation. The Stipulation, as amended tznd clarified by the Supple- mental Stipulation, provides as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and among Shellmar Products Co., hereinafter referred to as the Respondent, and Inter- national Printing Pressmen and Assistants' Union of North America, hereinafter referred to as the Pressmen, affiliated with the American Federation of Labor, and Paper, Novelty & Toy Workers International Union, hereinafter referred to as C. I. 0., affiliated with the Congress of Industrial Organizations, and Shellmar Employees Association, hereinafter referred to as the Association, and Dwight A. Blackmore, Field Examiner, and Max W. Johnstone, Attorney, both of the Eighth Regional Office of the National Labor Relations Board, as follows : SHELLMAR PRODUCTS COMPANY 51 I. Upon a Charge filed by the Pressmen and an Amended Charge filed by the C. I. 0., and after an Order of Consolidation, dated June 26, 1941, consolidating_ the cases, was issued by the National Labor Relations Board, hereinafter referred to as the Board, the Board, by Hugh E. Sperry, Regional Director for the Eighth Region of the Board, acting pursuant to authority of Sec- tion 10 (b) of the National Labor Relations Act, 49 Stat. 449, here- inafter referred to as the Act, and pursuant to the Board's Rules and Regulations-Series 2, as amended, issued a Complaint and Notice of Hearing on the 27th day of June 1941, against the respondent. H. All parties hereby acknowledge service of the Complaint and Notice of Hearing the Charge and Amended Charge of the Pressmen and of the C. 1. 0., referred to in Paragraph I, above, and a copy of the Board's Rules and Regulations-Series 2, as amended, and expressly waive further pleadings, hearing, and the making of Findings of Fact and Conclusions of Law by the Board. III. The Respondent is a corporation organized under and ex- isting by virtue of the laws of the State of Delaware. It has its principal office and its manufacturing plant in the City of Mt. Vernon, State of Ohio. IV. At its Mt. Vernon, Ohio plant, Respondent is engaged in the conversion of packaging materials and the sale and distribu- tion thereof. The principal materials used by the Respondent in the manufacture of its finished products are Cellophane, Ace- tate, Pliofilm, Foil, Paper, and Box Board. The value of the materials used by the Respondent in the manufacture of its finished products during the six months immediately preceding the signing of this Stipulation was approximately $1,640,000. Approximately 80 per cent of such materials used in the manu- facture of its finished products by the Respondent comes from without the State of Ohio. The value of the finished products produced by the Respondent during the six months immediately preceding the signing of this Stipulation was approximately $2,650,000. Approximately 90 per cent of such finished products produced and manufactured by the Respondent in the six-month period of time above referred to were sold and shipped in inter- state commerce by the Respondent to points outside the State of Ohio. V. The Respondent is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. VI. The Pressmen, the C. I. 0., and the Association are labor organizations within the meaning of Section 2 (5) of the Act. VII. This Stipulation, together with the Charge and Amended Charge of the Pressmen -and the C. I. 0., which Charge and 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Amended Charge are referred to in Paragraph I, above, the Complaint and Notice of Hearing, referred to in Paragraph I, above, a copy of the Board's Rules and Regulations, Series 2, as amended, and the Order of the Board consolidating the cases may be filed with the Chief Trial Examiner of the Board, at Washington, D. C., and when so filed, shall constitute the entire record in this case. VIII. Upon the entire record in this case, as set forth in Para- graph VII, above, an Order may forthwith be entered by the Board, providing as follows : 1. The Respondent, Shellmar Products Co., 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 rights 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, ad- ministration of Shellmar Employees Association, or the forma- tion or administration of any other labor organization of its employees, or contributing support to said Shellmar Employees Association, or any other labor organization of its employees. . (c) Giving effect to any agreement, oral or otherwise, which may, have been entered into with Shellmar Employees Associa- tion, or to any extension, renewal, modification, or supplement thereto, or to any agreement which might supersede any such agreement. (d) Discouraging membership in Paper, Novelty & Toy Work- ers International Union, affiliated with the Congress of Industrial Organizations, or International Printing Pressmen and Assist- ants' Union of North America, affiliated with the American Fed- eration of Labor, or any other labor organization of its employees, by discharging, or laying off, or refusing to reinstate any of its employees, or by failure to give raises to any of its employees be- cause of membership in or activity on behalf of such labor organ- izations, 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, Shellmar Products Co., its officers, agents, successors, and assigns shall take the following affirmative action to effectuate the policies of the Act. (a) Withdraw all recognition from Shellmar Employees Asso- ciation as representative of any of its employees for the purpose SHELLMAR PRODUCTS COMPANY 53 of dealing with the Respondent concerning grievances, wages, rates of pay, hours of employment, and any other terms or con- ditions of employment, and completely disestablish said Associa- tion as such representative. (b) Grant to all of the employees named in Appendix "A", who did not receive raises in wages because of their failure or refusal to become members of Shellmar Employees Association raises in wages equal to raises given its employees who did become members of said Association, making such raises in wages retro- active to a date which will insure to such employees wages equal in amount to wages which they would have received had they been given raises in wages which were given to those of its em- ployees who became members of Shellmar Employees Association and make whole the employees listed on Appendix "A" attached hereto and made a part hereof for any loss of pay they may have suffered by reason of their failure to receive said raises by pay- ment to them of the sum of money listed on Appendix "A" after their respective names. (c) Post immediately in conspicuous places throughout its plant and maintain for a period of sixty (60) consecutive days Notices that the Respondent will cease and desist from the con- duct prohibited in-Paragraphs 1 (a), (b), (c), and (d) of this Order and will take the affirmative action ordered in Paragraphs 2 (a) and (b) of this Order. (d) Notify the Regional Director for the Eighth Region of the National Labor Relations Board, in writing within ten (10) days from the date of this Order what steps the Respondent has taken to comply herewith. IX. Any appropriate Circuit Court of Appeals of the United States may, upon application by the Board, enter its Decree enforcing the Order of the Board in the form set out above. The Respondent waives its right to notice of such application and to the contesting of the entry of any such decree. X. This stipulation contains the entire agreement between the parties and there is no agreement of any kind, verbal or other- wise, which varies, alters, adds to, or detracts from this Stipulation. XI. This Stipulation is subject to the approval of the National Labor Relations Board. On July 21, 1941, the Board issued its Order approving the Stipu- lation and -Supplemental Stipulation, making them a part of the record, and pursuant to Article II, Section 36, of National Labor 1 Appendix A, which was a part of the Stipulation, is the same Appendix A which is incorporated in and made a part of this Decision and Order. 451269-42-vol. 34-5 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations Board Rules and Regulations-Series 2, as amended, trans- ferring the proceeding to the Board for the purpose of entry of a decision and order pursuant to the provision of said stipulations. Upon the above stipulations and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Shellmar Products Co., a Delaware corporation with its principal office and manufacturing plant in Mount Vernon, Ohio, is engaged in the conversion of packaging materials and the sale and distribution thereof. The value of the materials used by the respondent in the manufacture of its finished products during the 6 months prior to June 27, 1941, was approximately $1,640,000. Approximately 80 per cent of the materials so used was delivered to the respondent's plant from outside the State of Ohio.' During the same period the value of the finishedl products produced by the respondent was approxi- mately $2,650,000. Ninety per cent of such finished products was sold and shipped in interstate commerce by the respondent to points out- side the State of Ohio. The respondent concedes that its operations affect 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 stipulations 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 Shellmar Products Co., Mount Vernon, Ohio, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights 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 adminis- tration of Shellmar Employees Association, or the formation or administration of any other labor organization of its employees, or SHELLMAR PRODUCTS COMPANY 55 contributing support to said Shellmar Employees Association, or any other labor organization of its employees. (c) Giving effect to any agreement, oral or otherwise, which may have been entered into with Shellmar Employees Association, or to any extension, renewal, modification, or supplement thereto, or to any agreement which might supersede any such agreement. (d) Discouraging membership in Paper, Novelty & Toy Workers International Union, affiliated with the Congress of Industrial Or- ganizations, or International Printing Pressmen and Assistants' Union of North America, affiliated with the American Federation of Labor, or any other labor organization of it employees, by dis- charging, or laying off, or refusing to reinstate any of its employees, or by failure to give raises to any of its employees because of mem- bership in or activity on behalf of such labor organizations, or be- cause of the exercise of 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 Shellmar Employees Associa- tion as representative of any of its employees for the purpose of dealing with the respondent concerning grievances, wages, rates of pay, hours of employment, and any other terms or conditions of employment, and completely disestablished said Association as such representative. (b) Grant to all of the employees named in, Appendix "A" who did not receive raises in wages because of their failure or refusal to become members of Shellmar Employees Association raises in wages equal to raises given its employees who did become members of said Association, making such raises in wages retroactive to a date which will insure to such employees wages equal in amount to wages which they would have received had they been given raises in wages which were given to those of its employees who became members of Shellmar Employees Association and make whole the employees listed on Appendix "A" attached hereto and made a part hereof for any loss of pay they may have suffered by reason of their failure to receive said raises by payment to them of the sum of money listed on Appendix "A" after their respective names. (c) Post immediately in conspicuous places throughout its plant and maintain for a period of sixty (60) consecutive days Notices that the respondent will cease and desist from the conduct prohibited in Paragraphs 1 (a), (b), (c), and (d) of this Order and will take the affirmative action ordered in.Paragraph 2 (a) and (b) of this Order. 56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (d) Notify the Regional Director for the Eighth Region of the National Labor Relations Board, in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. APPENDIX "A" Timothy Golden_____ __________ $12.00 Lawrence Yoakum __ __________ $12. 00 Victor Servals ----------------- 12 00 Lewis Ferris__________________ 12.00 Raymond Hall_________________ 12. 00 Martine Bartlett_______________ 8.20 John McMillen________________ 12.00 Elsie Tindall__________________ 8.20 John Wythe___________________ 12.00 Bessie Curran_________________ 8.20 Harry Manes__________________ 12 00 Irene Wilson__________________ 8.20 Ralph Newell_______ ----------------- 12 00 Mildred Fleming____ __________ 8.20 Paul Scholz___________________ 12 00 Irene Mowery----------------- 8.20 Frank Harmon________________ 12 00 Regna Adams_______ __________ 8.20 Edward Rucka________________ 12. 00 Georgia Bricker_____ __________ 8.20 Lloyd Gaumer ----------------- 12 00 Dora Blubaugh________________ 8.20 William Richards______________ 12.00 George Ulrey__________________ 12.00 Harry Armstrong______________ 12.00 Richard Marsh________________ 12. 00 Jason McCleary_______________ 12.00 Carl Champion________________ 12.00 Alphonse Wunsch______________ 12. 00 Charles Thomas_______________ 12.00 Gladwin McCleary_____________ 12.00 Chalmers Fronce______________ 12.00 Thomas O'Connor___ __________ 12. 00 Eldon Condit__________________ 12.00 Franz Bauer__________________ 12 00 Harry Weber, Jr-------------- 12.00 Miller Dailey__________________ 12. 00 Clem Amicon__________________ 12.00 Marx Branstool________________ 12. 00 Dwight Harris, Jr------------- 12.00 Robert Hawk----------------- 12.00 Lloyd Kodger ----------------- 12.00 Paul Vernon------------------- 12.00 Leland Shrimplin ------------- 12.00 Charles Hennis________________ 12. 00 Woodrow Stillwagon___________ 12.00 Ronald Frizzell________________ 12 00 Edwin Edminster -------------- 12.00 Charles Farie_______ __________ 12 00 Glen Cooper___________________ 12.00 Harry Patterson_______________ 12. 00 Weldon Grissom_______________ 12.00 Hans Kuehn________ __________ 12. 00 Roy Donovan ------------------ 12.00 Frank Hoffman________________ 12. 00 James Brake__________________ 12.00 Joseph Rogers_________________ 12.00 Bernard Colopy--------------- 12.00 Robert Greenlee_______________ 12.00 Bert Mechling_________________ 12.00 Robert Kelly__________________ 12 00 Donald Dowds, Jr------------- 12.00 Bernard Mechling_____________ 12.00 Carl Calkins___________________ 12. 00 Robert Craig__________________ 12.00 Roy Derr_____________________ 12.00 George Reed ------------------- 12.00 Robert Beeman________________ 12 00 Arthur Adams__ ______________ 12.00 Dwight Blubaugh______________ 12.00 Herman Huffman_____________ 12. 00 Gaylord Albert________________ 12.00 Demorest Hulse_____ ________ 12.00 Burton Ryan__ _______________ 12.00 Leland Winland_______________ 12.00 Thurman Bascomb------------ 12.00 Vernon Rushton_______________ 12 00 Glenn Waddell______ __________ 12.00 Donald Shrontz________________ 12.00 Jack Dowds___________________ 12.00 Thurston Gentry____ __________ 12.00 Agnes Parker ------------------ 8.20 James Sowers_________________ 12.00 Lena Miller ------------------- 8.20 William Shearer --------------- 12.00 Evelyn Elmer_______ __________ 8.20 Agnes Tier_________ _____ 8.21) Thelma Christopher------------ 8.20 Eileen Harmon________________ 8.20 Merlin Hubbell________________ 8.20 Mary Dooley__________________ 8.20 Nina Bartlett____________ ____ 8.20 SHELLMAR PRODUCTS COMPANY 57 Ruth Blubaugh ---------------- $8.20 Elza Vernon__________________ $8.20 Betty Gregory_________________ 8.20 Alice Staley___________________ 8.20 Frances Gregory --------------- 8.20 Martha Sanders_______________ 8.20 Coletta Miller_________________ 8.20 Edna Wilguess---------------- 8.20 Evelyn Payne_______ __________ 8.20 Martha Dinan_________________ 8.20 Paula McKee__________________ 8.20 Helen Mosher_______ __________ 8.20 Mary Adams________ ------------------ 8.20 Ralph Lawrence_______________ 12.00 Conard Conway--------------- 12.00 Harold Tarr --------------- -__ 12.00 Dwight Yoakum_______________ 12.00 Claude Hoffman_______________ 12.00 Merle Yocum__________________ 12.00 Harold Blubaugh______________ 12.00 Raymond Cochran_____________ 12.00 Willis Rummell___ _____________ 12.00 Carl Colgin___________________ 12.00 Lole Marsh ------- _•------------ 12.00 James Tracy__________________ 12.00 Velma Hoagland______________ 8.20 Francis Blubaugh_____________ 12.00 Edna Beamer_______ __________ 8.20 Dean Franz -------------------- 12.00 Thelma Wertz_________________ 8.20 Mary Wolfe___________________ 8.20 Margretta Rotunno------------ 8.20 Betty Kerr____________________ 8.20 Mark Cofting__________________ 12.00 Agnes Staunton----- --------------- 8.20 Louis Blubaugh_______________ 12.00 Edna Zink_____________ 8.20 Muria Hiles______ _____________ 8.20 Louise Frouce_________________ 8.20 Virginia Mintier_______________ 8.20