Bower Roller Bearing Co.

DECISIONS AND ORDERS OF THE NATIONAL LABOR RELATIONS BOARD In the Matter of BOWER ROLLER BEARING COMPANY, A CORPORATION, and LOCAL 681, INTERNATIONAL UNION, UNITED AUTOMOEII.E WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0., and INDEPEND- ENT BEARING WORKERS UNION, PARTY TO THE CONTRACT Case No. 0-1964.-Decided November 98, 19441 Jurisdiction : roller bearing manufacturing industry. Settlement : stipulation providing'for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Harry N. Casselman, for the Board. Beaumont, Smith cl; Harris, by Mr. Albert E. Meder and Mr. Thomas E. Wilson, of Detroit, Mich., for the respondent. Mr. William S. McDowell, of Detroit, Mich., for the Independent. Mr. William R. Ryther, of Detroit, Mich., for the Association. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Local 681, Inter- national Union, United Automobile Workers of America, affiliated with the C. I. 0., herein called the U. A. W., the National Labor Relations Board, herein called the Board, by the Regional Director for the Seventh Region (Detroit, Michigan), issued its complaint dated May 15, 1941, against Bower Roller Bearing Company, a cor- poration, Detroit, Michigan, 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 and notice of hearing were duly served upon the respondent, the U. A. W., Bower Association of Employees, herein called the Association, and Independent Bearing Workers Union, herein called the Independent. Concerning the unfair labor practices, the complaint alleged in substance that the respondent (1) from on or about July 5, 1935, and thereafter, interfered with its employees' right to self- organization 37 N. L R B., No. 1. 1 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by permitting and encouraging some of its supervisory employees to prevent the organization of the U. A. W., advising employees not to join the Union, threatening to discharge members and sympathizers of the U. A. W., threatening to refuse to rehire laid-off members and sympathizers of the U. A. W., and making defamatory and derogatory remarks with regard to the U. A. W., 'its officers and agents ; (2) from and after July 5, 1935, to the date of the hearing, in various ways dominated and interfered with the administration of and con- tributed financial and other support to the Association ; (3) in Janu- ary 1940, caused the Association to discontinue its representation of employees as a collective bargaining agency and to organize the Inde- pendent for bargaining purposes ; and (4) in January 1940 and there- after to the date of the hearing in various ways dominated and inter- fered with the formation and administration of the Independent and contributed support thereto. The respondent filed an answer dated May 21 , 1941, in which it admitted the allegations concerning the nature of its business, denied that it had committed any unfair labor practices, and alleged certain affirmative defenses . In its answer the respondent included a motion for a bill of particulars with respect to certain allegations of the complaint . On May 29 the Trial Ex- aminer granted said motion in part and at the hearing counsel for the Board filed a bill of particulars in accordance with this ruling. The Independent filed an answer on or about May 23, 1941 , in which it admitted some of the specific facts alleged in the complaint but denied the allegations that the respondent had engaged in unfair labor practices with regard to it. Pursuant to notice a hearing was held at Detroit, Michigan, on various dates from June 2 to 13, . 1941, before Webster Powell, the Trial Examiner duly designated by the Chief Trial Examiner. On August 26, 1941, the Trial Examiner issued his Intermediate Report, copies of which were duly served upon all the parties . He found therein that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sec- tion 8 (1) and (2) and Section 2 (6) and (7) of the Act and recom- mended that the respondent cease and desist therefrom and take certain affirmative action. The respondent and the Independent thereafter filed with the Board their exceptions to the Intermediate Report and submitted briefs in support of such exceptions. On November 5, 1941, the respondent, the U. A. W., the Independent, the Association , and counsel for the Board entered into a stipulation in settlement of the case . The stipulation provides as follows: STIPULATION The National Labor Relations Board having issued its com- plaint in the above entitled matter on May 15, 1941; Bower BOWER ROLLER BEARING COMPANY 3 Roller Bearing Company, hereinafter referred to as respondent, and Independent Bearing Workers Union having thereafter duly filed their respective answers to the said complaint ; a hearing having been held upon the said complaint before a Trial Examiner duly designated thereto by the National Labor Relations Board commencing on June 2, 1941 , and continuing at intervals there- after through June 13, 1941 ; the Trial Examiner having issued and caused to be served upon the parties hereto his Intermediate Report wherein and whereby it was found, inter alia, that Bower Association of Employees had been at certain times mentioned in the complaint in this matter a labor organization of respond- ent's employees and that Independent Bearing Workers' Union had been and was at the time of the hearing in this matter also a labor organization of respondent's employees; and respondent and Independent Bearing Workers' Union having, respectively, duly filed exceptions to the said Intermediate Report; and the parties being desirous of terminating the proceedings herein; IT IS HEREBY STIPULATED by and between Bower Roller Bearing Company by Beaumont, Smith and Harris, its attorneys (by Albert E. Meder, Esq., and Thomas E. Wilson, Esq.) Local 681, Inter- national Union, United Automobile Workers of America, affili- ated with the C. I. 0., by Theodore L. Grappy, President, Inde- pendent Bearing Workers' Union by Frank J. Clancy, President, Bower Association of Employees by William R. Ryther, President, and Harry N. Casselman and Harold A. Cranefield as attorneys for the National Labor Relations Board: 1. Respondent Bower Roller Bearing Company is a Michigan corporation having its principal offices and place of business in the City of Detroit, Michigan. Respondent is and has been en- gaged in the manufacture of roller bearings from steel, bronze and other materials. In the usual and ordinary course of re- spondent's business, substantial quantities of such raw materials are shipped to its Detroit Plant from various points in states other than the State of Michigan at frequent intervals, and the finished products of the Company are shipped from its Detroit Plant to purchasers situated in states other than the State of Michigan and in foreign countries. During the calendar year of 1940 raw materials were purchased of the approximate value of $2,500,000 of which approximately 80o%o was shipped to the De- troit Plant from points outside the State of Michigan and fin- ished products were of the approximate value of $7,500,000 of which approximately 30% were shipped directly to purchasers in states other than the State of Michigan and in foreign countries and of which approximately 59 Jo was delivered to purchasers within the State of Michigan by whom the products were incor- 4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD porated in other articles destined for shipment to purchasers in other states and in foreign countries. 2. For purposes of this proceeding only, it is stipulated that respondent Bower Roller Bearing Company is engaged in inter- state commerce and in a business affecting interstate commerce within the meaning of the National Labor Relations Act. 3. Local 681, International Union, United Automobile Workers of America, affiliated with the C. I. 0., Independent Bearing Workers' Union, and Bower Association of Employees are or were at the times mentioned in the complaint in this matter labor or- ganizations within the meaning of subsection ( 5) of Section 2 of the National Labor Relations Act._ 4. Respondent Bower Roller Bearing Company and Independ- ent Bearing Workers' Union waive their rights, respectively, to a further hearing in this matter and waive consideration by the National Labor Relations Board of or determination by it upon the exceptions they have severally heretofore filed to the Intermedi- ate Report of the Trial Examiner in this matter. Respondent[,] Local 681, International Union, United Automobile Workers of America, affiliated with the C. I. 0., Independent Bearing Work- ers Union, and Bower Association of Employees waive the mak- ing or entry by the National Labor Relations Board of findings of fact or conclusions of law and stipulate and agree that the National Labor Relations Board may, without other or further notice to any of them forthwith make and enter an order in the following terms : "Respondent Bower Roller Bearing Company, its officers , agents, successors and assigns shall : 1. Cease and desist from : (a) Dominating or interfering with the administration of Bower Association of Employees or with the formation and administration of Independent Bearing Workers' Union or of any successor thereof or with the formation or administration of any other labor organization of its employees; (b) Recognizing Independent Bearing Workers Union as the representative of any of its employees for the purpose of dealing with respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employ- ment : (c) Giving effect to or performing any contract or arrangement with Independent Bearing Workers' Union or any modification or extension thereof; (cl) In any other manner interfering with, restraining or co- ercing its employees in the exercise of the right to self-organiza- tion , to form, join or assist labor organizations, to bargain collec- BOWER ROLLER BEARING COMPANY tively 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. 2. Take the following affirmative action : (a) Withdraw all recognition from Independent Bearing Workers' Union 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 conditions of employment, and completely disestablish said Inde- pendent Bearing Workers' Union as such representative; (b) Refuse to recognize Bower Association of Employees 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 conditions of employment ; (c) Post immediately throughout its plant in Detroit, Michigan, and maintain for a period of at least sixty (60) consecutive days from the date of such posting, notices to its employees stating : 1. That the respondent will not engage in the conduct from which it is ordered to ease and desist in paragraphs 1 (a), (b), (c) and (d) of this order. 2. That the respondent will take the affirmative action set forth in paragraphs 2 (a), (b) and (c) of this order. (d) Notify the Regional Director for the Seventh Region of the National Labor Relations Board in writing within ten (10) days from the date of this order of the measures taken by respond- ent to comply therewith 5. Respondent further stipulates and consents to the entry by any appropriate United States Circuit Court of Appeals of a decree for the enforcement of the order of the National Labor Relations Board as above set forth and waives its right to con- test any application by the National Labor Relations'Board for the entry of such a decree and further waives any and all re- quirements of notice of filing of such application by the National Labor Relations Board before any United States Circuit Court of Appeals. 6. This stipulation when approved shall be filed with the Chief Trial Examiner of the National Labor Relations Board and when so filed, together with the complaint and the answers filed by respondent and by Independent Bearing Workers Union and the Order of the National Labor Relations Board of September 6. 1941 , transferring this case to and continuing the same before 433257-42-vor. 37-2 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD said Board, shall constitute the record in this case, and it is further expressly stipulated that neither the transcript of the testimony taken upon the hearing in this matter nor any other papers, documents or exhibits heretofore filed by any of the parties hereto shall be included in the said record. I. This stipulation contains the entire agreement between the parties hereto concerning the disposition of ..this proceeding, being Case No. C-1964 before the National Labor Relations Board. 8. This stipulation is subject to the approval of the National Labor Relations Board. On November 14, 1941, the Board issued an order approving the above stipulation and making it a part of the record. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Bower Roller Bearing Company is a Michigan corporation with its principal offices and place of business at Detroit, Michigan, where it is engaged in the manufacture of roller bearings from steel, bronze, and other materials. During 1940 the respondent purchased raw materials valued at approximately $2,500,000, of which approximately 80 per cent were shipped from points outside the State of Michigan. During the same period the finished products of the respondent were valued at approximately $7,500,000, of which approximately 30 per cent were shipped directly to purchasers outside the State of Michigan and of which approximately 59 per cent was delivered to purchasers within the State of Michigan for incorporation in articles destined for shipment to purchasers outside the State of Michigan. For the purposes of these proceedings, it is stipulated that the respondent is engaged in interstate commerce and in a business af- fecting 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 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 Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Bower Roller Bearing Company, a corporation, Detroit, Michigan, its officers, agents, successors and assigns shall: 1. Cease and desist from : BOWER ROLLER BEARING COMPANY T (a) Dominating or interfering with the administration of Bower Association of Employees or with the formation and administration of Independent Bearing Workers' Union or of any successor thereof or with the formation or administration of any other labor organiza- tion of its employees and from contributing financial or other support to said labor organizations or to any other labor organization of its employees; (b) Recognizing Independent Bearing Workers' Union as the repre- sentative of any of its employees for the purpose of dealing with re- spondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment; (c) Giving effect to or performing any contract or arrangement with Independent Bearing Workers' Union or any modification or -extension thereof; (d) 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 representatives of their own choosing and to engage in concerted ac- tivities for the purpose of collective bargaining 'or other mutual aid or protection as-guaranteed in Section 7 of the National Labor Rela- tions Act. 2. Take the following affirmative action : (a) Withdraw all recognition from Independent Bearing Workers' Union 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 conditions of em- ployment, and completely, disestablish said Independent Bearing Workers' Union as such representative; (b) Refuse to recognize Bower Association of Employees 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 conditions of employment; (c) Post immediately throughout its plant in Detroit, Michigan, and maintain for aperiod of at least sixty (60) consecutive days from the date of such posting, notices to its employees stating : 1. That the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b), (c) and (d) of this order. 2. That the respondent will take the affirmative action set forth in paragraphs 2 (a), (b) and (c) of this order. (d) Notify the Regional Directer for the Seventh Region of the National Labor Relations Board in writing within ten (10) days from the date of this order of the ineasures'taken by respondent to comply therewith.