The Cambridge Iron & Metal Co.

IN THE MATTER OF ISAAC SHAPIRO & JOSEPH SHAPIRO, CO-PARTNERS, DOING BUSINESS AS THE CAMBRIDGE IRON & METAL COMPANY and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-2015-Decided December 5,1941 Jurisdiction : junk industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Lester M. Levin and Mr. Earle K. Shawe, for the Board. Semmes, Bowen c€ Semmes, by Mr. William D. MacMillan and Mr. Irwin Davison, of Baltimore, Md., for the respondents. Mr. Arthur G. Pilon and Mr. Robert J. Brylke, of Baltimore, Md., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On August 20, 1941, upon charges and amended charges duly filed by the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifth Region (Baltimore, Maryland), issued its complaint, and on September 19, 1941, an amendment thereto, against Isaac Shapiro and Joseph Shapiro, co-partners, doing business as The Cambridge Iron & Metal Company, Baltimore, Maryland, herein called the respondents,' alleging that the respondents had en- gaged in and were engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1), (3), and (5) andSection 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, the amendment thereto, and notice of hearing were duly served upon the respondents and the Union. Pursuant to notice, a hearing was held at Baltimore, Maryland, on October 2 and 3, 1941, before,Horace A. Ruckel, the Trial Examiner ' In the stipulation the partners are referred to collectively as the respondent. 37 N. L . R. B., No. 45. 284 ISAAC SHAPIRO & JOSEPH SHAPIRO 285 duly designated by the Chief Trial Examiner. The Board and the respondents were represented by counsel and both participated in the hearing. On November 14, 1941, the respondents, the Union, and attorneys for the Board entered into a stipulation in settlement of the case, subject to the approval of the Board. The stipulation provides as follows : STIPULATION Charges having been filed by the Congress of Industrial Organ- izations with the Regional Director of the National Labor Rela- tions Board for the Fifth Region at Baltimore, Maryland (here- inafter called the Board), alleging that Isaac Shapiro &. Joseph Shapiro, Co-Partners, doing business as The Cambridge Iron & Metal Company, has engaged in unfair labor practices within the meaning of Sections 8 (1), (3), and (5) of the National Labor Relations Act; the Board through its Regional Director having issued and served a Complaint and Amendment to Complaint stating the charges; the respondent having filed its answer; hear- ing having been held before a duly designated Trial Examiner for the Board; and it being the desire of the parties to conclude all proceedings before the Board in this case, IT IS HEREBY STIPULATED AND AGREED by and among Isaac Shapiro & Joseph Shapiro, Co-Partners, doing business as The Cambridge Iron & Metal Company (hereinafter called the respondent), by their attorney, William D. McMillan; Congress of Industrial Organizations (hereinafter called the union), by its representa- tive, Arthur G. Pilon; and by Lester M. Levin and Earle K. Shawe, attorneys for the National Labor Relations Board as follows : Respondent is a partnership composed of Isaac Shapiro and Joseph Shapiro-as co-partners, doing business as The Cambridge Iron and. Metal Company, having its principal office and places of business in the City of Baltimore, State of Maryland (here-' inafter called the Baltimore plants), and is engaged in the pur- chase, sale, and distribution of scrap iron and steel. All of the scrap iron and steel purchased by the respondent in connection with its operations at the Baltimore plants are pur- chased within the State of Maryland. During the twelve-month period ending December 31, 1940, respondent sold scrap iron and steel to the approximate value of $500,000, of which amount approximately 30°Jo was sold and shipped by the respondent, from the Baltimore plants to customers located at points and places outside the State of Maryland. 286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD For the purposes of this proceeding company stipulates that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. II Congress of Industrial Organizations is a labor organization within the meaning of Section 2, subsection (5) of the National Labor Relations Act. III All of the employees employed at the respondent's Baltimore plants, exclusive of supervisory and clerical employees and sales- men, constitute the unit appropriate for the purposes of collective bargaining within ,the meaning of Section 9 (b) of the National Labor Relations Act. The union, on January 29, 1941, and at all times thereafter, has been the representative for the purposes of collective-baigaining of a majority of the employees within the said unit,and was therefore on January 29, 1941, and at all times thereafter, the exclusive representative of all the employees in said unit for the purposes of collective bargaining within the meaning of Section 9 (a) of the National Labor Relations Act. IV All parties hereto agree that this Stipulation together with the Complaint and Amendment to Complaint, Notice of Hearing and Notices of Postponement of Hearing, second and third amended charges,,and the copy of the Rules and Regulations, Series 2, as amended, shall constitute the entire record in this case, and said documents shall become the record by filing same with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. All parties hereto waive all further or other procedure pro- vided by the National Labor Relations Act, or the Rules and Regulations of the National Labor Relations Board, including the making of Findings of Fact and Conclusions of Law by the National Labor Relations Board. V On the basis of the facts stipulated in Paragraph I above, the pleadings heretofore filed, this Stipulation , and by agreement of the parties hereto, the National Labor Relations Board may enter its order and set out below in the following form in the above entitled case : ISAAC SHAPIRO & JOSEPH SHAPIRO ORDER 287 The National Labor Relations Board hereby orders that Isaac Shapiro & Joseph Shapiro, Co-Partners, doing business as The Cambridge Iron & Metal Company, 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 organize, 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 the Congress of Industrial Organizations or in any other labor organization of its em- ployees by discharging or refusing to reinstate any of its em- ployees for joining or assisting the Congress of Industrial Or- ganizations or any other labor organization of its employees, or for engaging in other concerted activities for the purposes of collective bargaining or other mutual aid or protection. (c) Refusing to bargain collectively with the Congress of Industrial Organizations as the exclusive representative of all of the employees employed at the respondent's Baltimore plants, exclusive of supervisory and clerical employees and salesmen, in respect to rates of pay, wages, hours of employment and other conditions of employment. 2. Take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act : (a) Offer to Edward Pittman and Henry Kendall immediate and full reinstatement to their former positions without prejudice to their seniority or other rights and privileges. (b) Make whole Edward Pittman and Henry Kendall for any loss of pay they may have suffered by reason of the discrimina- tion against them by payment to each of them the sum of $125.00. (c) Upon request, bargain collectively with the Congress of Industrial Organizations as the exclusive representative of all of the employees employed at the respondent's Baltimore plants. exclusive of supervisory and clerical employees and salesmen, in respect to rates of pay, wages, hours of employment and other conditions of employment. (d) Post immediately in conspicuous places throughout its Baltimore plants, and maintain for a period of at least sixty (60) consecutive days, notices to its employees stating that: 288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (1) Respondent will not engage in any of the acts or practices set forth in paragraphs 1. (a), (b), and (c). (2) Respondent will take the affirmative action set forth in paragraphs 2. (a), (b), and (c). (3) Respondent's employees are free to become or remain mem- bers of the Congress of Industrial Organizations, and the re- spondent will not discriminate against any employees because of their membership or activity in that organization. (e) Notify the Regional Director for the Fifth Region of the National Labor Relations Board in writing within ten days from the date of this Order of the steps the respondent has taken to comply herewith. VI It is further agreed that if the respondent fails to comply with the terms of this Stipulation and the Consent Order above set forth, the National Labor Relations Board may upon ten days' notice to the respondent make application to the United States Circuit Court of Appeals for the Fourth Circuit for the entry of a decree enforcing the said Order. The respondent hereby waives all rights to contest the entry of the decree, except upon the question of compliance with the terms of the Consent Order. VII That the execution of this Stipulation shall conclude all pro- ceedings before the Board in the above-entitled case, and it is expressly understood and agreed that this Stipulation and the Order provided for herein shall be a complete and final disposi- tion of all the issues raised by the charges and Complaint in this proceeding, and that no other further procedure, order or decree, other than those provided for herein, shall be instituted or made with respect to the subject matters contained in the charges and Complaint herein against any of the parties to this stipulation. VIII It is expressly understood by the parties hereto that this Stipu- lation does not constitute an admission by the respondent of any of the allegations contained in the charges or the Complaint herein, nor is it to be considered as an admission that the respond- ent has committed any unfair labor practice. IX It is understood and agreed that the Stipulation embodies the entire agreement between the parties, and that there is no verbal ISAAC SHAPIRO & JOSEPH SHAPIRO 289 agreement of any kind which varies, alters, or adds to this Stipulation. X It is understood and agreed that this Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice granting such approval. On November 25, 1941, the Board, having duly considered the matter, issued its order approving the stipulation and transferring the case to the Board for the purpose of an entry of a decision and order by the Board, pursuant to the provisions of the stipulation. On 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 RESPONDENTS Isaac Shapiro and Joseph Shapiro, co-partners, doing business as The Cambridge Iron & Metal Company, are engaged in the purchase, sale, and distribution of scrap iron and steel at Baltimore, Maryland. All the scrap iron and steel purchased by the respondents for their operations at their Baltimore plants is purchased in Maryland. Dur- ing the year 1940 the respondents sold scrap iron and steel valued at approximately $500,000, of which approximately 30 per cent was sold and shipped by the respondents from its plants at Baltimore, Maryland, to points outside Maryland. The respondents admit that they are engaged in commerce within the meaning of the Act. We find that the above-described operations of the respondents constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER The National Labor Relations Board hereby orders that Isaac Shapiro and Joseph Shapiro, co-partners, doing business as The Cambridge Iron & Metal Company, Baltimore, Maryland, their offi- cers, 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 organize, to form, join, or assist labor organizations, to bargain collectively through repre- sentative of their own choosing, and 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. 290 DECISIONS OF NATIONAL LABOR RELATIONS BOkRD (b) Discouraging membership in the Congress of Industrial Or- ganizations or in any other labor organization of its employees by discharging or refusing to reinstate any of its employees for join- ing or assisting the Congress of-Industrial Organizations or any other labor organization of its employees, or for engaging in other concerted activities for the purposes of collective bargaining or other mutual aid or protection. (c) Refusing to bargain collectively with the Congress of Indus- trial Organizations as the exclusive representative of all of the em- ployees employed at the respondent's Baltimore plants, exclusive of supervisory and clerical employees and salesmen, in respect to rates of pay, wages, hours of employment and other conditions of employment. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer to Edward Pittman and Henry'Kendall immediate and full reinstatement to their former positions without prejudice to their seniority or other rights and privileges. (b) Make whole Edward Pittman and Henry Kendall for any loss of pay they may have suffered by reason of the discrimination against them by payment to each of them the suin of $125.00. (c) Upon request, bargain collectively with the Congress of In- dustrial Organizations as the exclusive representative of all of the employees employed at the respondent's Baltimore plants, exclusive of supervisory and clerical employees and salesmen, in respect to rates of pay, wages, hours of employment and other conditions of employment. (d) Post immediately in conspicuous places throughout its Balti- more plants, and maintain for a period of at least sixty (60) con- secutive days, notices to its employees stating that : (1) Respondent will not engage in any of the acts or practices set forth in paragraphs 1. (a),.(b), and (c). (2) Respondent will take the affirmative action set forth in para- graphs 2. (a), (b), and (c). (3) Respondent's employees are free to become or remain mem-, bers of the Congress of Industrial Organizations, and the respond- ent will not discriminate against any employees because of their membership or activity in that organization. (e) Notify the Regional Director for the Fifth Region of the National Labor Relations Board in writing within ten days from the date of this Order of the steps the respondent has taken to comply herewith.