The Colorado Builders' Supply Co.

In the Matter of THE COLORADO BUILDERS' SUPPLY COMPANY and INTER- NATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, AND ORNAMENTAL IRON WORKERS, LOCAL No. 507 Case No. C-3028.-Decided January 3, 194 Jurisdiction : metal fabricating and building materials jobbing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Paul S. Kuelth,au, for the Board. Newton, Davis d Drinkwater, by Messrs. J., Quigg Newton, Jr., and -Richard M. Davis, of Denver, Colo., for the respondent. 'Mr. M. C. Manfro, of Denver, Colo., for the Union. Mr. Robert N. Cook, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge 1 duly filed by International Association of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, 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 Twenty-second Region (Denver, Colorado), issued its complaint dated April 14, 1941, against The Colorado Builders' Supply Company,-Denver, Colorado, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the mean- ing of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the, Act, at its Pueblo, Colorado, plant. Copies of the complaint accompanied by notice of hearing were duly served upon the respondent and the Union. The complaint alleged in substance: (1) that respondent discharged Frank Butkovich on or about August 5,'1940, and refused to reinstate him until November 7, 1940, because- of his membership and activ' 1 The original charge was filed on August 8, 1940 ; the amended charge on April 2, 1941. 38 N. L. R. B., No. 4. 13 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ities in the Union; (2) that the production and maintenance em- ployees, except the superintendent, at the respondent's Pueblo, Colorado, plant constitute a unit appropriate for collective bargain- ing; (3) that although the Union represented a majority of the employees in this unit the respondent in July 1940 and at all times thereafter refused to bargain collectively with the Union; (4) that respondent has urged, persuaded, and warned its employees at its Pueblo plant to refrain from joining or retaining membership in the Union and from engaging in concerted activities with other employees for the purposes of collective bargaining or other mutual aid and protection. On April 26, 1941, the respondent filed an answer to the complaint in which it denied the allegations of unfair labor practices and alleged certain affirmative matters. Pursuant to notice, a hearing was held on May 15, 1941, at Pueblo, Colorado, before A. Bruce Hunt and on July 28 and 29, 1941, at Pueblo, Colorado, before Charles E. Persons, Trial Examiners duly desig- nated by the Chief Trial Examiner. The Board,- the respondent, and the Union were represented by counsel and participated in the hearing. On September 24, 1941, the Board denied the petition to intervene filed by the Steel Workers Organizing Committee on September 20, 1941. On December 1, 1941, the respondent, the Union, and the attor- ney for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : A charge having been filed by the International Association of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, affiliated with the American Federation of Labor (herein- after called the Union), with the Regional Director of the Na- tional Labor Relations Board (hereinafter called the Board) for the Twenty-Second Region at Denver, Colorado, on August 8, 1940, and an amended charge on April 2, 1941, alleging that The Colorado Builders' Supply Company (hereinafter called the respondent) has engaged in unfair labor practices within the meaning of Section 8 (1), (3), and (5) of the National Labor Relations Act; the Board through its Regional Director having issued and served a complaint stating the charges; the respond- ent having filed its answer; hearing having been held before a duly designated Trial Examiner for the Board; a motion to intervene having been filed after the hearing by the Steel Workers Organizing Committee and the Board having denied said motion, 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 the parties hereto : THE COLORADO BUILDERS' SUPPLY COMPANY I 15 Respondent is a Colorado corporation with its principal office in Denver, Colorado, maintaining plants in Denver and Pueblo, Colorado. It is engaged in the fabrication of reinforcing steel bars, open web steel joists, and in the jobbing of miscellaneous building materials. Its sales are in excess of $500,000 yearly, approximately one-third of which is sold and shipped to cus- tomers outside the State of Colorado. Ninety-five per cent of the steel used by the respondent in its fabricating business is pur- chased within the State of Colorado. Ninety per cent of the products jobbed by the respondent are purchased and shipped to it from outside the State of Colorado. - The Pueblo plant of the respondent is engaged primarily in the fabrication of rein- forcing steel bars, and fabricates in excess of $350,000 yearly, forty per cent of which are sold and shipped to customers outside the State of Colorado. II International Association of Bridge, Structural, and Orna- mental Iron Workers, Local No. 507, is a labor organization within the meaning of Section 2 (5) of the Act. III The production and maintenance employees of the respondent at its plant in Pueblo, Colorado, except the superintendent, constitute a unit for appropriate bargaining within the meaning of Section 9 (b) of the Act. The Union on or before July 3, 1940, had been designated by a majority of the employees within said unit as their representative for the purposes of collective bar- gaining, and therefore is the exclusive representative of all em- ployees 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 waive all further and other procedure pro- vided by the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board, including the issuance of an Intermediate Report -by the Trial Examiner, the filing of exceptions thereto and the making of findings of fact and conclusions of law by the Board. 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V This stipulation may be introduced in evidence by filing it with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., and shall, together with the pleadings, constitute the record in this case. VI All parties tiereto expressly consent and agree that upon this stipulation and the-record herein, and without further notice or proceedings herein, the' National Labor Relations Board may enter an order in the following form : ORDER The National Labor Relations Board hereby order's that The Colorado Builders' Supply Company, its officers, agents,' suc- cessors, and assigns will: 1. Cease and desist from : (a) Refusing to bargain collectively with the International Association of Bridge , Structural, 'and Ornamental Iron Work- ers, Local No. 507, affiliated with the American Federation of Labor, as the exclusive representative of its production and maintenance employees, except, the superintendent, employed at its plant at Pueblo, Colorado ; (b) Discouraging membership in the International Asso- ciation of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharg- ing or refusing to reinstate any of its employees or in any other manner , discriminating in regard to their hire or tenure of employment or any terms or conditions of their employment; (c) In any, other manner interfering with, restraining or coercing its employees in the exercise of the right to self-organi- zation, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, or 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, in order to effectuate the policies of the National Labor Relations Act : (a) Upon request, bargain collectively with the International Association of Bridge , Structural, and Ornamental Iron Work- ers, Local No. 507, affiliated with the American Federation of THE COLORADO BUILDERS' SUPPLY COMPANY 17 Labor, as the exclusive representative of its production and maintenance employees, excluding the superintendent, at its plant at Pueblo, Colorado, in respect to rates of pay, wages, hours of employment; acid other conditions of employment : (b) Make whole Frank Butkovich for any loss of pay he may have suffered by reason of his discharge on August 4, 1940, by payment to him of One Hundred Dollars. (c) Post 'immediately upon approval of the National Labor Relations Board of the stipulation on which this order is based, in conspicuous places in its place of. business in Pueblo, Colo- rado, and maintain for a period of at least Sixty (60) con_secu- tive days from the date of 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), and (c) of this Order; (2) that the respondent will take, the affirmative action set forth in paragraph 2 (a) of this Order, and (3) that the respondent's employees are free to become or remain members of International Association of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, and that the respondent will not discriminate against any employee because of membership in that organization. (d) Notify the Regional Director for the Twenty-Second Region in writing within 'ten (10) days from the date of the ','approval by the National Labor Relations Board of the stipu- lation upon which, this Order is'based, what steps the respond- ent has'takeu to comply herewith. VII - The respondent Will -comply in good faith with the -terms of the above Order. The respondent' and the Union have-:already taken steps to comply by completing the negotiation and signing of a contract covering wages', hours and conditions of employment for the Pueblo plant. ' VIII It is understood and agreed that this stipulation embodies the entire agreement between the parties and that there is no verbal agreement of , any kind which varies, alters, or adds to „this stipulation. - IX It is further understood 'and agreed that this stipulation is sup- .'ject to the approval ' of the National Labor Relations Board, and shall become effective immediately upon receipt of a notice granting such approval. 438861-42-vol 38-3 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the basis of the above stipulation and upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The Colorado Builders Supply Company is a Colorado corporation with its principal office in Denver, Colorado, and with plants at Denver and Pueblo, Colorado. It is engaged in the fabrication of reinforcing steel bars and open-web steel joists and in thejobbing of miscellaneous building materials. One-third of its yearly sales, which exceed $500,- 000, is shipped to points outside the State of Colorado. Ninety per cent of the products jobbed and ninety-five per cent of the steel used are shipped to it from points outside the State of Colorado. The Pueblo plant, which is engaged primarily in the fabrication of rein- forcing steel bars, sells and ships forty per cent of its yearly sales, which exceed $350,000, to points outside the State of Colorado. 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 National Labor Relations Act, the National Labor Relations Board hereby orders that The Colorado Builders' Supply Company, its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) Refusing to bargain collectively with the International Associa- tion of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, affiliated with the American Federation of Labor, as the exclusive representative of its production and maintenance employees, except the superintendent, employed at its plant at Pueblo, Colorado; (b) Discouraging membership in the International Association of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees or in any other manner discriminating in regard to their hire or tenure of employment or any terms or conditions of their employment; (c) 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, or to engage in concerted activi- ties for the purpose of collective bargaining or other mutual aid or TAE COLORADO BUILDERS' SUPPLY COMPANY 19 protection, as guaranteed in Section,7 of the National Labor Relations Act. 2. Take the following affirmative action, in order to effectuate the policies of the National Labor Relations Act: (a) Upon request, bargain collectively with the International Asso- ciation of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, affiliated with the American Federation of Labor, as the ex- clusive representative of its production and maintenance employees, excluding the superintendent, at its plant at Pueblo, Colorado, in re- spect to rates of pay, wages, hours of employment, and other conditions of employment; (b) Make whole Frank Butkovich for any loss of pay he may have suffered by reason of his discharge on August 4, 1940, by payment to him of One Hundred Dollars; (c) Post immediately upon approval of the National Labor Rela- tions Board of the stipulation on which this order is based, in con- spicuous places on its place of business in Pueblo, Colorado, and maintain for a period of at least Sixty (60) consecutive days from the date of 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), and (c) of this Order; (2) that the respondent will take the affirmative action set forth in para- graph 2 (a) of this Order, and (3) that the respondent's employees are free to become or remain members of International Association of Bridge, Structural, and Ornamental Iron Workers, Local No. 507, and that the respondent will not discriminate against any employee because of membership in that organization. (d) Notify the Regional Director for the Twenty-Second Region of the National Labor Relations Board in writing within ten (10) days of the date, hereof of the steps respondent has taken to comply herewith. 11