Cleveland Container Co.

In the Matter of CLEVELAND CONTAINER COMPANY and UNITED PAPER, NOVELTY & Toy WORKERS INTERNATIONAL UNION (C. I. O.) Case No. C-2032.-Decided January 9, 1942 Jurisdiction : container manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Harry L. Lodish, of Cleveland, Ohio, for the Board. Mr. W. F. Walker, of Cleveland, Ohio, for the respondent. Mr. Robert Powell, of Cleveland, Ohio, for the Union. Mr. Dexter Delony, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge duly filed by the United Paper, Novelty S Toy Workers International Union, 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 (Cleve- land, Ohio) issued its complaint dated November 10, 1941, against the Cleveland Container Company, Cleveland, Ohio, herein called the respondent, alleging that the respondent had engaged in and was en- gaging in unfair labor practices affecting commerce within the mean- ing of Section 8 (1), (2), and (3) 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 respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance : (1) that on various dates during and since July 1941, the respondent discharged, locked out, or temporarily laid off 105 em- ployees listed on appendix "A," attached hereto, because of their membership in and activities on behalf of the Union; (2) that during July 1941, the respondent, by its officers and agents, sponsored the formation of the Mutual Benefit Association, herein called the Asso- ciation, and since that time has dominated and interfered with the 38 N. L. R. B., No. 24. 103 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD administration of the Association and has contributed financial or other support to it; and (3) that by these and other specified acts, the respondent interfered with, restrained, and coerced its employees in the exercise of their rights guaranteed in Section 7 of the Act. On November 10, 1941, prior to the scheduled hearing in the case, the respondent, the Union, and an attorney for the Board, entered into a stipulation, subject to the approval of the Board, in settlement of the case. The stipulation provides as follows: IT CIS HEREBY STIPULATED AND AGREED by and among Cleveland Container Company (hereinafter called the Respondent), United Paper, Novelty & Toy Workers International Union (C. I. 0.) (hereinafter called the Union), and Harry L. Lodish, Regional Attorney, Eighth Region, National Labor Relations Board, that: I Upon a charge duly filed by the Union, the National Labor Relations Board (hereinafter called the Board) by the Regional Director for the Eighth Region, acting pursuant to authority granted ih Section 10 (b) of the National Labor Relations Act, 49 Stat. 449 (hereinafter called the Act), and pursuant to Article II, Section 5 and Article IV, Section 1 of the National Labor Relations Board Rules and Regulations, Series 2, as amended, duly issued a Complaint and Notice of Hearing thereon on November 10, 1941, against the Respondent. II The Respondent was incorporated under the laws of the State of Ohio in 1923 and operates properties in the following cities : Plymouth, Wisconsin; Chicago, Illinois; Detroit, Michigan; Philadelphia, Pennsylvania; Milltown, New Jersey; New York, New York; Long Island City, New York; and Cleveland, Ohio. The Respondent also operates one wholly-owned subsidiary, Wil- lard Paste & Glue Company, Brooklyn, New York. The properties in Cleveland include No. 1 Plant at 10630 Berea Road and No. 2 Plant at 6201 Barberton Avenue. Only the two plants in Cleveland are involved in this proceeding. No. 1 Plant purchases annually more than $100,000 worth of raw materials, including chipboard, kraft paper, tin and glue. More than 70-yo of such raw materials come to the plant from points outside the State of Ohio. No. 1 Plant produces annually more than $200,000 worth of various paper products. More than 50% of such products are shipped in interstate commerce to points outside the State of Ohio. CLEVELAND CONTAINER COMPANY 105 No. 2 Plant consists of three divisions : No-lap Abrasive Divi- sion, Kraft Division, and Government Division. The raw mate- rials used in the No-lap Abrasive Division amount to more than $100,000 annually and all such materials come from points out- side the State of Ohio. It produces a variety of abrasive prod- ucts amounting to more than $100,000 in value annually, of which more than 70% are shipped in interstate commerce to points outside the State of Ohio. The Kraft Division uses annually raw materials amounting to more than $50,000, all of which come to the plant from points outside the State of Ohio. It produces annually more than $100,000 worth of paper products, of which more than 70% are sold in interstate commerce to points outside the State of Ohio. The Government Division uses annually more than $100,000 worth of chipboard, kraft paper, glue, asphalt, paraffin and tin, of which more than 70% come to the plant from points outside the State of Ohio. This division produces annually more than $100,000 worth of fiber containers for shells and fuses. Approximately 65% of these are shipped to the Ravenna Arsenal, Ravenna, Ohio before being loaded and transported to other parts of the United States. The remainder are presently being shipped to Pennsylvania. III Respondent is engaged in commerce within the meaning of Section 2 (6) of the Act. IV The Union and the Mutual Benefit Association are labor organ- izations within the meaning of Section 2 (5) of the Act. V The Respondent has offered to persons listed on Appendix "A" full reinstatement to their former positions, without prejudice to their seniority and other rights and privileges and has made whole the employees listed in Appendix "B" by payment to them of the sums set forth opposite their names. The Mutual Benefit Association has dissolved and ceased to exist. VI All parties hereto expressly waive further pleadings, their right to a hearing and to the making of Findings of Fact and Conclu- sions of Law by the Board, as set forth in Section 10 (b) and (c) of the Act. 106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VII The Complaint, Notice of Hearing, and the Charge may be filed with the Chief Trial Examiner of the National Labor Rela- tions Board, together with this Stipulation, and shall constitute the record in this case. VIII This Stipulation is subject to the approval of the National Labor Relations Board, and, upon this Stipulation being approved by it, the said Board may enter an Order to the following effect : 1. The Respondent, its officers, agents, successors and assigns shall cease and desist from : (a) Circulating or permitting the circulation of statements calculated to influence its employees not to join or form labor organizations of their own choice. (b) In any manner dominating or interfering with the admin- istration of Mutual Benefit Association, or dominating or inter- fering with the formation or administration of any other labor organization of Respondent's employees. (c) Discouraging its employees from designating their own representatives for the purposes of collective bargaining. (d) Discouraging membership in United Paper, Novelty & Toy Workers International Union (C. I. 0.) or in any other labor organization of its employees by discharging or refusing to re- instate any of its employees, or in any other manner discriminat- ing in regard to their hire or tenure of employment, or any term or condition of their employment. (e) In any other manner interfering with, restraining or coercing employees in the exercise of their right of self-organiza- tion, to form, join or assist labor organizations to bargain col- lectively through representatives of their own choosing and to engage in concerted activities for the purposes of collective bar- gaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. The Respondent, its officers, agents, successors or assigns shall take the following affirmative action which will effectuate the policies of the National Labor Relations Act. (a) Inform all of its officers and agents, together with all others employed in a supervisory capacity that they shall not in any manner interfere with, restrain or coerce employees 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 purposes of collective bargaining or other mutual aid or CLEVELAND CONTAINER- COMPANY 107 protection as guaranteed in Section 7 of the National Labor Relations Act. (b) Post immediately in conspicuous places at its plants Nos. 1 and 2 in Cleveland, Ohio, and maintain for a period of at least sixty (60) consecutive days from the date of posting notices to its employees, copy of which notice is attached hereto and marked Appendix "C". (c) Notify the Regional Director for the Eighth Region, in writing, within ten (10) days from the date of this Order of the steps the Respondent has taken to comply herewith. IX It is further stipulated and agreed that any appropriate Circuit Court of Appeals in the United States may, upon application by the Board, enter its decree enforcing the Order of the Board in the form above set out. Respondent waives its rights to contest the entry of any such decree and its rights to receive notice of the filing of the application for the entry of such decree. X 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. XI This Stipulation shall be of no force and effect unless and until approved by the Board and if not approved by the Board none of the statements recited hereinabove may be used as evidence in any proceeding before the Board. On December 17, 1941, the Board issued an order approving the stipulation, making it a part of the record, and pursuant to Article II, Section 36, of the 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 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 Cleveland Container Company, an Ohio corporation, operates prop- erties in the following cities: Plymouth, Wisconsin; Chicago, Illinois; 108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Detroit, Michigan; Philadelphia, Pennsylvania; Milltown, New Jer- sey; New York, New York; Long Island City, New York; and Cleve- land, Ohio. The properties in Cleveland include No. 1 Plant and No. 2 Plant. Only the two plants in Cleveland are involved in this proceeding. No. 1 Plant purchases annually more than $100,000 worth of raw materials, including chipboard, kraft paper, tin and glue. More than 70 percent of such raw materials come to the plant from points outside the State of Ohio. No. 1 Plant produces annually more than $200,000 worth of various paper products. More than 50 percent of such products are shipped in interstate commerce to points outside the State of Ohio. No. 2 Plant consists of three divisions: No-lap Abrasive Division Kraft Division, and Government Division. The raw materials used in the No-lap Abrasive Division amount in value to more than $100,000 annually and all such materials come from points outside the State of Ohio. It produces a variety of abrasive products amounting to more than $100,000 in value annually, of which more than 70 percent are shipped in interstate commerce to points outside the State of Ohio. The Kraft Division uses annually raw materials amounting to more than $50,000, all of which come to the plant from points outside the State of Ohio. It produces annually more than $100,000 worth of paper products, of which more than 70 percent are sold in interstate commerce to points outside the State of Ohio. The Government Divi- sion uses annually more than $100,000 worth of raw materials of which more than 70 percent come to the plant from points outside the State of Ohio. This division produces annually more than $100,000 worth of fiber containers for shells and fuses. Approximately 65 percent of these are shipped to the Ravenna Arsenal, Ravenna, Ohio, before being loaded and transported to other parts of the United States. The remainder are presently being shipped to Pennsylvania. As set forth in the stipulation above, 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 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 the Cleveland Container Company, its officers, agents, successors , and assigns, shall:, CLEIVELAND CONTAINER COMPANY 109 1. Cease and desist from : (a) Circulating or permitting the circulating of statements calcu- lated to influence its employees not to join or form labor organizations of their own choibe. (b) In any manner dominating or interfering with the administra- tion of Mutual Benefit Association, or dominating or interfering with the formation or administration of any other labor organization of Respondent's employees. (c) Discouraging its employees from designating their own repre- sentatives for the purposes of collective bargaining. (d) Discouraging membership in United Paper, Novelty & Toy Workers International Union (C. 1. 0.) or in any other labor organiza- tion 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 term or condition of their employment. (e) In any other manner interfering with, restraining or coercing employees in the exercise of their right of self-organization, to form, join or assist labor organizations to bargain' collectively through repre- sentatives of their own choosing and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protec- tion, as guaranteed in Section 7 of the National Labor Relations Act. 2. The Respondent, its officers, agents, successors or assigns shall take the following affirmative action which will effectuate the policies of the National Labor Relations Act. (a) Inform all of its officers and agents, together with all others employed in a supervisory capacity that they shall not in any manner interfere with, restrain or coerce employees 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 purposes of collective bar- gaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. (b) Post immediately in conspicuous places at its plants Nos. 1 and 2 in Cleveland,, Ohio, and maintain for a period of at least sixty (60) consecutive days from the date of posting notices to its employees, copy of which notice is attached hereto and marked Appendix "C". (c) Notify the Regional Director for the Eighth Region, in writing, within ten (10) days from the date of this Order of the steps the Respondent has taken to comply herewith. 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A Jacqueline Fazio Betty Smith Elma Wischmeier Ann Anthony Ruth Pfarr Jean Fraschetti Richard Dieckhoner Michael Savana Clifford J. Ruzza Albert Janowitz Wm. W. Rice Lillian Ronczka Stella Ronczka Frank Ammer Albert Butler Steve Caban Jan Calfee Leroy Calvert Lester Cook Carl Bohly Sam Gouge William Gray Charlie Moore Henry Norris Nick Paglia Dee Samples Festus Talley William Talley William Horsfall Hubert Jenkins Richard Kelly William Vasko Joseph Storer Helen Alexsovitch Stella Aniuk Ellen Bloom Catherine Borrelli Anna Bouchines Celia Bednar Leonora Bernadine Mary Brasdovich Victoria Buzinski Zola Buckner Carroll Campbell Therese Cvelbar Margaret Dare Ann Dolence Arline Dommin Catherine Dooley Philomena Duns Anna Chilcott Katherine Davidson Anna Dienes Thelma Elliott Pearl Elto Mary English Catherine Folmer Anna Franz Mary Gladys Mary Galehouse Mary Gallucci Hazel Oestreich Mary Pacevicz Darleen Peters Wanda Peters Julia Rashi Harriett Romano Mary Rankin Alma Schlegel Ann Skerli Nettie Slisz May Steppenbacker Bessie Steputis Olive Storch Helen Thompson Virginia Turner Arlouine Tagliaferro Katherine Uhler Irene Hale Marian Hawkins Cecelia Hlavaty Ouida Harrison Dorothy Hoag Mary Jacobs CLEVELAND CONTAINER COMPANY 111 Margaret Jeric Elsie Kennelly Markaret Koepf Mildred Kassel Margaret Katona Helen Kreysler Katherine Kelly Mabel Kilbane Margaret Lorence Doris McDermot Isabell Mamm Arlene Matowitz Mary Merholz Ritz Merholz Helen Miranda Clara Vajda Ann Wheaton Anna Wodisz Louella Zeller Celia Zurowski Kyle Scott APPENDIX B Lillian Ronczka____________________________ $110.16 Stella Ronczka______________________________ 110.16 Richard Dieckhoner_________________________ 153.00 APPENDIX C NOTICE TO EMPLOYEES Pursuant to a stipulation made and entered into by and among Cleveland Container Company, United Paper, Novelty & Toy Work- ers International Union (C. I. 0.), and the Eighth Regional Office of the National Labor Relations Board, providing for the entry of an order by the Board and a decree by an appropriate Circuit Court of Appeals, the Company hereby notifies you that: 1. The Company guarantees to each of its employees the rights set forth in the National Labor Relations Act as follows: "Section 7. Employees shall have the right to self-organiza- tion, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bar- gaining or other mutual aid or protection." 2. The Company will not interfere with, restrain, or coerce employees in the exercise of these rights. Its officers and agents will not make speeches or in any other manner attempt to per- suade employees not to exercise these rights. 3. The Company will not dominate or interfere with the for- mation or administration of any labor organization or contribute financial or other support to it. You are hereby advised that the Mutual Benefit Association has ceased to function as a labor organization, and the Company will not inspire the formation of any successor organization. 112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The Company will not discharge or in any manner dis- criminate against employees because of membership in or activi- ties in behalf of any labor organization. 5. The Company will bargain collectively with employees, sub- ject to provisions of Section 9 of the National Labor Relations Act. The Company will cooperate in the holding of an election to be conducted by the National Labor Relations Board to deter- mine which organization, if any, the employees desire to repre- sent them for purposes of collective bargaining. The Company will bargain in good faith with any labor organization which as a result of the election may be certified by the Board. 6. Superintendents, foremen and other supervisory employees are hereby instructed that the policy of the company is as stated above and they are not to say anything or do anything which would give any employee any impression to the contrary. 7. All employees of the Company are hereby instructed that this notice is not to be removed, defaced, or hidden by other objects in any manner, and that this notice is to remain posted for a period of sixty (60) consecutive days from this date. CLEVELAND CONTAINER COMPANY, By Dated this - day of January, 1942.