Herman Nelson Corp.

In the Matter Of HERMAN NELSON CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE AMERICAN FED- ERATION OF LABOR Case No. C-1939.-Decided August 15, 1941 Jurisdiction : heating, ventilating, and air conditioning equipment manufactur- ing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Russell Packard, for the Board. Mr. Richard H. Nelson, of Moline, Ill., for the respondent. Mr. L arl P. Hogan, of Minneapolis, Minn., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by International Association of Machinists, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illi. nois), issued its complaint dated July 7, 1941, against Herman Nel- son Corporation, Moline, Illinois, herein called the respondent, alleg- ing 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 Re] a- tions Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hearing thereon were duly served upon the respondent and the Union. On July 17, 1941, the Regional Director issued an order continuing the hearing. Concerning the unfair labor practices, the complaint alleged, in sub- stance, that the respondent discharged Kenneth W. Johnson for the reason that he joined and assisted the Union and engaged in concerted activities with other employees of the respondent for the purposes of collective bargaining and other mutual aid and protection and that by these acts the respondent interfered with, restrained, and coerced its 34 N. L. R. B., No. 4& 294 HERMAN NELSON CORPORATION 295 employees in the exercise of the rights guaranteed in Section 7 of the Act. On July 16,1941, the respondent filed an answer to the complaint denying the allegations of unfair labor practices contained therein. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation dated July 25, 1941. The Stipulation provides as follows : It is hereby stipulated and agreed by and between the Herman Nelson Corporation, hereinafter referred to as the "respondent", the International Association of Machinists (A. F. of L.), herein- after referred to as the "union", and Russell Packard, attorney, National Labor Relations Board, hereinafter referred to as the "Board", that : I Upon a Charge filed by the union, the Board, by Charles A. Graham, Regional Director for the Thirteenth Region, Chicago, Illinois, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, hereinafter referred to as the "Act", and acting pursuant to its Rules and Regulations, Series 2, as amended, issued its Complaint and Notice of Hearing on July 7, 1941, against the respondent. Thereafter, on July 17, 1941, the Board, through the Regional Director, issued an Order continuing the hearing until July 28, 1941. III Respondent and the union acknowledge service of the Com- plaint, Notice of hearing, Charge, Order continuing Hearing, 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 Respondent is an Illinois corporation and has its principal office and place of business in Moline, Illinois. IV - Respondent is engaged in the manufacture, sale and distribution of heating, ventilating and air conditioning equipment. During the first quarter of the year 1941 respondent purchased raw mate- rials valued at approximately $179,000.00, of which sum approxi- mately seventy five per cent (75%) were shipped from points outside the State of Illinois to respondent's plant in the State of Illinois. During the same period respondent sold and distributed products of its plant valued at approximately $232,000.00, of 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD which sum approximately $205,000.00 worth was sold and trans. ported from respondent's plant in the State of Illinois to points outside the State of Illinois. V Respondent concedes that its operations affect commerce within the meaning of Section 2 (6) and (7) of the Act. VI The union is a labor organization within the meaning of Section 2 (5) of the Act. VII This Stipulation, together with the Charge, Complaint, Notice of Hearing, Order continuing Hearing, Answer, and a copy of the Board's Rules and Regulations, Series 2, as amended, 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 the proceed- ings herein. VIII It is further stipulated that upon the entire record in this case, as set forth in paragraph 7 hereof, an Order may be forthwith entered by the Board, providing as follows : 1. The respondent, Herman Nelson Corporation, 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 right to self-organi- zation, to form, join, or assist labor organizations, to bar- gain 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) Discouraging membership in the International Associa- tion of Machinists or any other labor organization of its employees by discharging or laying off or refusing to re- instate any of its employees because of membership or activity in any such labor organization, or because of the exercise by any of its employees of their right to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection. 2. The respondent, its officers, agents, successors and assigns shall take the following affirmative action to effectuate the policies of the Act : HERMAN NELSON CORPORATION 297 (a) Make whole Kenneth W. Johnson 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; (b) Post immediately in conspicuous places throughout its plants and maintain for a period of at least sixty (60) consecutive days, notices that the respondent will cease and desist in the manner aforesaid, and will take the aforesaid affirmative action. (c) Notify the Regional Director for the Thirteenth Region, Chicago, Illinois, in writing, within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. IX The parties hereto consent to the entry by any United States Circuit Court of Appeals of an enforcement order embodying the terms of the Board's order agreed to above, and all parties hereby waive further notice of the application for and the entry of such Court order. X All stipulations herein made are subject to the approval of the Board and shall become effective immediately upon the granting of such approval. XI Respondent admits only such allegations of the Complaint as are admitted in its Answer and is entering into this stipulation only for the purpose of bringing about a speedy and amicable conclusion to all proceedings before the Board in this case. It is further stipulated and agreed that no finding has been made or is herein made that respondent has committed the unfair labor practices alleged in the Complaint,' or any of them; the parties hereto having herein expressly agreed to waiving the making of findings of fact and conclusions by the Board. XII It is further stipulated that the words "cease and desist" here- inbefore used in the order to be entered, shall not be construed as an admission by respondent that the unfair labor practices alleged in the Complaint were committed. 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD XIII It is further agreed that this stipulation is entered into only for use in the above entitled proceeding and is to be in no wise binding upon or used to the prejudice of the parties hereto in any proceeding or proceedings other than the one herein involved, except that it may be used in any subsequent enforcement, con- tempt, or other litigation arising out of the above entitled matter. XIV 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. On August 4, 1941, the Board issued an order approving the above stipulation, making it a part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, transferring the proceeding 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 I. THE BUSINESS OF THE RESPONDENT Herman Nelson Corporation is an Illinois corporation with its principal office and place of business at Moline, Illinois, where it is engaged in the manufacture, sale, and distribution of heating, venti- lating, and air conditioning equipment. During the first quarter of 1941, the respondent purchased raw materials valued at about $179,000, about 75 per cent of which were shipped to it from points outside the State of Illinois. During the same period, the respond- ent sold and distributed finished products valued at about $230,000, about $205,000 worth of which were shipped by it to points outside the State of Illinois. The respondent admits that its operations affect 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 Upon the basis of the above findings of fact and Stipulation and the entire record in the case, and pursuant to Section 10 (c) of the HERMAN NELSON CORPORATZON 299 National Labor Relations Act, the National Labor Relations Board hereby orders that-Herman Nelson Corporation, Moline, Illinois, 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 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 purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in International Association of Machinists or any other labor organization of its employees by dis- charging or laying off or refusing to reinstate any of its employees because of membership or activity in any such labor organization, 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. Take the following affirmative action which will effectuate the policies of the Act : (a) Make whole Kenneth W. Johnson for any loss of pay he may have suffered by reason of the discrimination against him, by pay- ment to him of a sum of money equal to the amount which he nor- mally would have earned as wages during the period the respondent discriminated against him, less his net earnings during such period ; (b) Post immediately in conspicuous places throughout its plant and maintain for a period of at least sixty (60) consecutive days, notices that the respondent will cease and desist in the manner afore- said and will take the aforesaid affirmative action; (c) Notify the Regional Director for the Thirteenth Region, Chi- cago, Illinois, in writing, within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. MR. EvwiN S. SMITH took no part in the consideration of the above, Decision and Order.