The Johnson Rubber Co.

In the Matter of THE JOHNSON RUBBER CONIPANY and UNITED RUBBER WORKERS OF A--,NIERIOA (AFFILIATED WITH THE C. I. 0. ) Case No. C-0019.-Decided December 19 , 1941' Jurisdiction : gaskets manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Harry L. Lodish, for the Board. Mr. Smith Johnson, of Mididlefield, Ohio, for the 'respondent. Mr. Stanley Denlinger, of Akron, Ohio, for the Union. Mr. Eugene R. Thorrens, of counsel to the Board. DECISION ° AND ORDER STATEMENT OF THE CASE Upon a charge duly filed by United Rubber Workers of America, affiliated with the C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Eighth Region (Cleveland, Ohio), issued its com- plaint dated October 11, 1941, against The Johnson Rubber Com- pany, Middlefield, 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 Section 8 (1) and (2), 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 notice of hearing were duly served upon the re- spondent, the Union, and The Johnson Rubber Workers Association, herein called the Association, a labor organization alleged in the complaint to be company-dominated. Concerning the unf air labor practices the complaint alleged in sub- stance: (1) that on or about April 29, 1941, the respondent sponsored the formation of the Association and has dominated, assisted, and supported it since that date; and (2) that by these and other speci- fied acts the respondent interfered with, restrained, and coerced 37 N. L. R B, No 125 792 THE JOHNSON RUBBER COMPANY 793 its employees in the exercise of the rights guaranteed in Section 7 of the Act. On October 18, 1941, the respondent filed an answer to complaint in which, among other things, it admitted the allegations with respect to its business and denied that it had engaged in the alleged unfair labor practices. On October 20, 1941, prior to the scheduled hearing in the case, and on November 28, 1941, the respondent, the Union, the Associa- tion, and an attorney for the Board entered into stipulations, subject to approval of the'Board, in settlement of the case.' The stipula- tion, dated November 28, 1941, provides as follows: IT IS HEREBY STIPULATED AND AGREED by and among The Johnson Rubber Company, hereinafter called the Respondent; the "John- son Rubber Workers Association," of Middlefield, Ohio, herein- after called the Association ; the United Rubber Workers of America (Affiliated with C. I. 0.), hereinafter called the Union; and Harry L. Lodish, Regional Attorney for,the National Labor Relations Board, hereinafter called the Board, as follows : 1. Upon a charge duly filed by the Union, Hugh E. Sperry, Regional Director for the Eighth Region of the Board, as agent for the Board, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, hereinafter called the Act, and acting pursuant to the Board's Rules and Regulations, Series 2, as amended, issued its Complaint and Notice of Hearing on the 11th day of October, 1941 against the Respondent. On October 18, 1941 the Respondent filed its Answer herein. 2. The Respondent is an Ohio corporation engaged in the manufacture of motor mounts and gaskets for the automobile trade, gaskets and washers for the refrigerator and washing machine trade, and miscellaneous toy wheels, tubing, gaskets, washers and molded rubber parts. The principal raw materials used are rubber and various chemicals. Approximately 70 per- cent of the raw materials used by the Company is obtained from outside the State of Ohio. Approximately 80 percent of the prod- ucts of the Respondent is sold and shipped outside the State of Ohio. The total annual expense for raw materials amounts to approximately $600,000. The value of finished products sold in 1940 was $1,001,531.57. 3. The Respondent is engaged in interstate commerce within the meaning of Section 2, Subsections (6) and (7) of the Act. 1 Except for slight modifications, the stipulation, dated November 28, 1941 , is identical with the first stipulation and was intended to supersede the stipulation, dated October 20, 1941 794 DECISIONS OF NATIONAL LABOR-,-RELATIONS BOARD 4. The Union and the Association are labor organizations within the meaning of the Act. 5. All parties hereto acknowledge service of the Complaint, Notice of Hearing, Charge, Rules and Regulations, Series 2, as amended, and Answer and expressly waive further pleadings, hearing, the making of Findings of Fact and Conclusions of Law by the Board. 6. This Stipulation, together with the Complaint, Notice of Hearing, Charge, Rules and Regulations, Series 2, as amended, and Answer may be filed with the Chief Trial Examiner of the Board at Washington, D. C. and when so filed shal lconstitute the record in this case. 7. All parties hereto hereby consent to the entry of an Order by the Board providing that, on the basis of the record in the case, pursuant to Section 10 (c) of the Act, the Respondent, its officers, agents, successors and assigns : 1. Shall not: (a) In any manner interfere with, restrain or coerce its em- ployees 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 dominate or interfere.with the achninistra- tion of "Johnson Rubber Workers Association"' of Middlefield, Ohio, or dominate or interfere with the formation or administra- tion of any other labor organization of Respondent's employees. H. Shall take the following affirmative action to effectuate the policies of the Act : (a) Refrain from recognition of "Johnson Rubber Workers Association," of Middlefield, Ohio as the representative of any of its employees for the purpose of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment, and completely disestablish the "Johnson Rubber Workers Asso- ciation," of Middlefield, Ohio for said purposes. (b) Post immediately in conspicuous places in the Middlefield Ohio plant of the. Respondent, and maintain for a period of at least sixty (60) days, Notice to its employees stating: 1. That the Respondent will not engage in the conduct pro- hibited,in Paragraph I (a) and (b) of this Order. 2. That it will take the aff'irmative' action ordered in Paragraph II (a) of this Order. THE JOHNSON RUBBER COMPANY 795 (c) Notify the Regional Director for the Eighth Region of the Board, in writing, within ten (10) days from the date of this Order what steps the Respondent has taken to comply herewith. 8. Upon application by the Board, the United States Circuit Court of Appeals for the Sixth Circuit, or any appropriate Cir- cuit Court of Appeals of the United States, may enter its decree enforcing the Order of the Board, as set forth in Paragraph 7, above. All parties hereto expressly waive all right and privilege to receive further notice of the filing of an application for the entry of such decree or to contest the entry of such decree. 9. This Stipulation contains the entire agreement among all the parties hereto and there is no other agreement of any kind, verbal or otherwise, which varies, alters, adds to; or detracts from this Stipulation. 10. This Stipulation is subject to the approval of the National Labor Relations Board. On December 4, 1941, the Board issued an order approving the stipulation , dated November 28 , 1941, making it a part of the record, ,and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferred the proceeding to the Board for the purpose of entry of a Decision and Order pursuant to the provisions in the stipulation. Upon the basis of the above stipulation, dated November 28, 1941, and the entire record in the case, the Board makes the following : FINDINGS .OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent , an Ohio corporation , is engaged in the manufac- ture of motor mounts and gaskets for the automobile trade, gaskets and washers for the refrigerator and washing-machine trade, and miscellaneous toy wheels , tubing, gaskets, washers , and molded rubber parts . The respondent obtains approximately 80 per cent of its raw materials , consisting principally of rubber and various chemi- cals and costing annually approximately $600,000, from outside the State of Ohio. The respondent sells and ships approximately 80 per cent of its finished products , the total value of which during 1940 amounted to $1,001,531 .57, outside the State of Ohio. As above set forth in the stipulation , the respondent concedes that it is engaged in interstate commerce within the meaning of the Act. We find that the above-described operations constitute a continu- ^ous flow of trade, traffic , and commerce among the several States. 796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the above findings of fact and stipulation, dated November 28, 1941, 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 Johnson Rubber Company, its officers, agents, successors and assigns : I. Shall not : (a) In any manner interfere with, restrain or coerce its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representa- tives 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 dominate or interfere with the administration of "Johnson Rubber Workers Association" of Middlefield, Ohio, or dominate or interfere with the formation or administration of any other labor organization of respondent's employees. IL Shall take the following affirmative action to effectuate the- policies of the Act : (a) Refrain from recognition of "Johnson Rubber Workers Asso- ciation," of Middlefield, Ohio as the representative of any of its employees. for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment and completely dis- establish the "Johnson Rubber Workers Association," of Middlefield,. Ohio for said purposes. (b) Post immediately in conspicuous places in the Middlefield, Ohio, plant of the respondent, and maintain for a period of at least sixty (60) days, Notice to its employees stating: 1. That the respondent will,not engage in the conduct prohibited in Paragraph I (a) and (b) of this Order. 2. That it will take the affirmative action ordered in Paragraph II (a) of this Order. (c) Notify the Regional Director for the Eighth Region of the Board, in writing, within ten (10) days from the date of this Order 'what steps the respondent has taken to comply herewith.